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State  of  New  Jersey, 


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OFFICIAL  PAPERS 


OF 


OF 


NEW   JERSEY, 


FROM 


January,  1869,  to  January,  1872. 


J  97 
A/5/7 


Inaugural  Proceedings  and  Address 

OF 

THEODORE  F.  RANDOLPH, 

ON   ins  I;KIN«;  INAI  CIKATKD  AS 

GOVERNOR  OF  NEW  JERSEY, 

JANUARY  IWtli,  1S(JJ>. 


550350 


INAUGURAL  PROCEEDINGS. 


A  joint  committee  of  the  two  Houses  of  the  Legislature, 
having  been  appointed  to  make  the  necessary  arrangements 
for  the  inauguration    of    the   Governor    elect,    the   follow 
ing  programme  was  by  them  agreed  upon  : 

The  military  escort,  under  command  of  Brevet  Major 
General  Theodore  Runyon. 

The  procession  will  move  up  State  street  to  Calhoun 
street,  countermarch,  and  proceed  to  the  State  House ; 
thence  Governor  Ward  and  staff  will  be  escorted  to  the 
State  Street  House,  the  headquarters  of  the  Governor  elect, 
who  will  then  be  escorted  to  Taylor  Hall. 

The  procession  will  be  in  the  following  order : 

1.  Music. 

2.  The  military  escort. 

3.  The  joint  committees  of  the  Legislature. 

4.  The  Governor  and  Governor  elect. 

5.  The  Adjutant  and  Quartermaster  Generals. 

6.  The  staff  of  the  Commander-in-chief. 

7.  The  Chancellor,   Chief  Justice   and   Justices  of  the 
Supreme  Court  and  Court  of  Errors. 

8.  The  Secretary  of  State  and  State  officers. 

9.  The  Reverend  Clergy. 

10.  Officers  of  the  Army  and  Navy. 

11.  Mayor,  Common  Council  and  city  officers  of  Trenton. 

12.  Citizens  generally. 

The  civic  part  of  the  procession  will  be  under  the  direc- 
tion of  the  Mayor  of  the  City  of  Trenton. 

The  inauguration  ceremonies  will  take  place  in  presence 


of  the  Senate  and  House  of  Assembly,  in  session  at  Taylor 
Hall,  at  12  o'clock  M. 

The  order  of  the  exercises  to  be  as  follows: 

1.  Prayer  by  Rev.  John  Hall,  D.  D. 

ii.  The  official  oath  to  be  administered  to  the  Governor 
elect. 

3.  Delivery  of  the  Great  Seal  of  the  State. 

4.  Introduction  of  the  Governor. 

5.  Inaugural  Address. 

6.  Benediction  by  Rev.  David  W.  Bartine,  D.  D. 

After  the  exercises  have  concluded,  the  Governor,  ex- 
Governor,  and  their  respective  stalls,  will  be  escorted  to  the 
State  House,  where  a  review  of  the  troops  will  take  place 
by  Governor  Randolph. 

Trenton,  Jan.  14,  1869. 

The  following  notice  appeared  in  the  Trenton  papers  on 
the  morning  of  the  inauguration  : 

"  The  City  Council  and  city  officials  are  respectfully  in- 
vitcd  to  join  the  Mayor,  at  11  o'clock  to-day,  at  the  City 
Hall,  to  take  part  in  the  inauguration  ceremonies. 

"By  order,  Captain  William  M.  Lenox  and  Captain  Syl- 
vester Van  Syckel  are  appointed  aids  to  the  Mayor." 

In  accordance  with  the  above  arrangements  made  by  the 
joint  committees  of  the  two  Houses  of  the  Legislature,  on 
Thursday,  the  14th  of  January,  A.  D.  1869,  the  civic  part  of 
the  procession,  under  the  direction  of  the  Mayor  of  the  City 
of  Trenton,  and  his  Marshals,  Captains  Lenox  and  Van 
Syckel,  and  the  military  escort  participated  in  the  ceremo- 
nies attendant  upon  the  inauguration  of  the  Governor  elect 
of  New  Jersey,  the  latter  under  command  of  Brevet  Major 
General  Theodore  Runyon,  of  the  New  Jersey  State  Rifle 
Corps,  formed  on  Clinton  street,  its  right  resting  on  State 
street. 

The  Governor  and  his  staff,  the  State  Officers,  and  the 
Committees  of  the  two  houses,  proceeded  in  carriages  to  the 
State  Street  House,  the  headquarters  of  Governor  Randolph, 
who,  with  his  suite,  proceeded  to  Taylor  Hall,  escorted  by 


the  military,  Gov.  Ward  and  staff,  committees  of  the  Legis- 
lature, Secretary  of  State,  Comptroller,  State  Treasurer, 
Chancellor,  Chief  Justice,  and  Justices  of  the  Supreme 
Court  and  Court  of  Errors  and  Appeals — 

Ex-Governors  Peter  D.  Vroom,  Charles  S.  Olden,  William 
A.  Newell  and  Joel  Parker — 

The  Clergy  of  Trenton- 
Officers   of  the    Army    and    Navy,    among    whom    was 
General  Fitz  John  Porter,  and 

The  Mayor,  Common  Council  and  City  Officers  of 
Trenton. 

The  members  of  the  Senate  and  General  Assembly  met  at 
twelve  o'clock  M.,  at  Taylor  Hall. 

The  rolls  of  the  members  of  the  two  Houses  were  called 
by  the  Secretary  of  the  Senate  and  Clerk  of  the  Assembly 
at  12  o'clock  M.,  and  after  reading  the  journals  of  their  re- 
spective bodies  a  recess  was  ordered  of  both  houses  until  the 
arrival  of  the  Governor  elect. 

At  one  o'clock  the  procession  proceeded  to  the  Hall  where 
the  two  Houses  were  in  session. 

Upon  the  entrance  of  the  Governor  the  Houses  were  called 
to  order  and  the  members  rose  to  their  feet. 

Hun/Amos  Robins,  Chairman  of  the  Joint  Committee  of 
the  two  Houses,  presented  the  Governor  elect  to  Hon.  Henry 
S.  Little,  President  of  the  Senate. 

The  services  were  opened  with  prayer  by  Rev.  Dr.  Hall, 
Pastor  of  the  First  Presbyterian  Church  of  the  city  of 
Trenton  : 

And  now,  O  Lord  God,  first  of  all  we  acknowledge  Thee 
as  the  God  of  our  country  and  ot  our  commonwealth — OUR 
God.  We  thank  Thee  for  the  prosperity  that  has  attended 
the  progress  of  this  State  through  the  successive  administra- 
tions of  its  government  from  the  beginning.  We  implore 
the  continuance  of  Thy  favor  in  the  time  to  come.  Make 
efficient,  to  Thy  praise  and  our  welfare,  the  institutions  of 
education,  philanthrophy  and  religion.  Guide  the  present 
Legislature  to  the  faithful  and  conscientious  performance  of 
their  duties.  Give  wisdom  to  the  Judiciary,  and  let  the 


execution  of  the  laws  promote  virtue  as  well  as  justice,  and 
serve  for  reformation  as  well  as  punishment.  Let  him  who 
now  yields  the  office  of  Governor  to  his  successor,  and  all 
who  have  well  served  the  State  in  any  trust,  have  the  assur- 
ance of  approbation  as  Thy  servants  also  ;  and  let  him  who 
is  about  to  be  inaugurated  be,  above  all  things,  conscious 
that  he  is  standing  before  Thee,  as  the  witness  of  the  pledge 
he  will  make  upon  the  volume  of  Thy  Holy  Word  that  he 
will  perform  the  duties  of  his  place,  as  in  Thy  sight  and  in 
Thy  fear.  Suffer  him  not  to  forget  the  Divine  sanction  of 
his  official  vow.  In  all  times  of  doubt,  perplexity  and  temp- 
tation, cause  him  to  remember  this  appeal  to  Thee,  and  so 
help  him  God,  according  to  Thy  promise  to  such  as  put  their 
trust  in  Thee.  Impress  upon  the  citizens  of  the  common- 
wealth that  they,  too,  are  a  party  in  these  sacred  engage- 
ments, and  that  as  it  is  the  obligation  of  magistrates  to  act  as 
those  who  must  give  account  to  Thee,  so  it  is  the  obligation 
of  the  people  to  observe  the  laws,  and  honor  those  who 
righteously  administer  them.  With  us  bless  the  other  States 
and  our  common  country.  Bring  all  sections  and  parties 
into  a  just,  fraternal  and  permanent  unity  among  ourselves, 
and  keep  us  in  peace  with  the  whole  world.  Our  hope  of 
acceptance  in  this  our  prayer  and  worship,  and  in  the  con- 
fession of  our  public  and  individual  sins,  is  in  the  mediation 
of  Thy  Son  our  Lord,  in  whose  words  we  would  say,  even 
as  little  children,  "  Our  Father  who  art  in  Heaven  ;  hal- 
lowed be  Thy  name ;  Thy  kingdom  come  ;  Thy  will  be 
done  on  earth  as  it  is  in  Heaven  ;  give  us  day  by  day  cm- 
daily  bread  ;  forgive  us  our  trespasses  as  we  forgive  those 
who  trespass  against  us ;  and  lead  us  not  into  temptation, 
but  deliver  us  from  evil  ;  for  Thine  is  the  kingdom,  and  the 
power,  and  the  glory,  for  ever.  Amen. 

The  oath  of  office  was  then  administered  to  Governor 
Randolph  by  Hon.  Henry  S.  Little,  President  of  the  Senate. 

Governor  Ward,  in  handing  the  Great  Seal  of  the  State 
to  Governor  Randolph,  said  : 

"I  take  pleasure  in  committing  to  your  custody  the  Great 
Seal  of  the  State  of  New  Jersey,  which  in  its  present  form, 


comes  to  you  through  an  unbroken  line  of  Governors  from 
1T76  to  the  present  time." 

Governor  Randolph  then  delivered  his  Inaugural  Address 
as  follows  : 

Gentlemen  of  the  Senate  and  General  Assembly  of  the  State 
of  New  Jersey,  and  FMow-  Citizens  : 

We  meet  under  circumstances  demanding  my  profoundest 
personal  and  political  gratitude,  for  the  confiding  partiality 
of  the  people  of  my  native  State. 

In  honoring  me  as  they  have,  with  their  suffrages,  I  shall 
consider  myself  as  holding  the  trust  they  have  confided  to 
me  for  the  common  good  and  general  welfare  of  the  whole 
State.  No  duty  shall  be  intentionally  neglected,  no  power 
weilded  but  in  accordance  with  my  best  judgment  and  con- 
scientious convictions.  Errors  of  decision,  and  mistaken  or 
imperfect  views,  will  be  rightly  understood  by  a  generous 
people. 

You  of  the  legislative  department,  of  the  government  will 
take  a  faithful  and  intelligent  care  of  the  interests  confided 
to  you,  and  it  will  be  my  pleasure,  as  it  will  be  my  duty,  to 
cordially  co-operate  with  you  in  such  judicious  measures  of 
legislation  as  the  public  interests  demand. 

THE   BALLOT. 

In  a  government  founded,  as  ours  is.  upon  the  sovereignty 
of  the  people,  and  guided  by  their  virtue,  intelligence  and 
integrity,  it  must  always  and  necessarily  be  a  matter  of  the 
first  importance  to  preserve  the  source  of  this  controlling 
political  power  in  the  utmost  health,  vigor  and  purity. 

The  ballot-box  must  be  shielded  from  every  taint  of  cor- 
ruption. There  should  never  be  a  doubt  that  it  expresses 
fully  and  fairly  the  free  will  of  the  people.  The  privilege 
of  suffrage  is  the  right  of  self-government.  The  legitimate 
exercise  of  the  one  is  the  fundamental  principle  of  the 
other  and  the  ark  of  our  safety.  We  cannot,  then,  too  jeal- 
2 


10 

ously  guard  this  sacred  institution.  Whilst  we  should  deny 
to  no  one  entitled  to  it  free  access  to  the  ballot-box,  we 
should  frown  indignantly  upon  every  attempt  to  abuse  it  to 
base  and  fraudulent  purposes,  and  punish  inflexibly  all  con- 
cerned in  such  desecration.  A  careful  revision  of  the  elec- 
tion laws  is  earnestly  suggested. 

TAXATION. 

With  the  enormous  national  debt  we  have,  and  the  almost 
equally  pressing  local  requisitions,  taxation  to  a  large  extent 
is  inevitable.  No  matter  what  the  causes  creating  debt,  na- 
tional or  State,  justice,  honor  and  interest  require  the  com- 
plete fulfillment  of  all  of  our  obligations.  All  that  can  be 
done  by  State  authority  is  to  exercise  a  rigid  economy  in 
the  administration  of  its  own  affairs — exacting  of  public 
servants  a  strict  account  of  their  stewardship,  and  a  distribu- 
tion of  the  burden  of  taxation,  so  as  to  make  it  fall  equitably 
upon  all.  Wealth  should  be  reached  and  assessed  according 
to  its  volume ;  and  the  protection  given  to  life,  liberty  and 
labor  should  render  its  equivalent.  All  classes  have  their 
rights  and  responsibilities. 

RIPARIAN   MATTERS. 

The  rights  and  power  of  the  State,  especially  as  to  shore 
property,  judiciously  exercised,  may  largely  serve  to  lessen 
the  State  debt,  and  give  consequent  relief  in  taxation.  In 
obtaining  this  desirable  result  the  greatest  care  should  be 
had  that  no  private  or  corporate  interest  be  unnecessarily 
and  therefore  unwisely  disturbed.  The  plan  of  reference  to 
a  commission,  composed  of  our  best  citizens,  seems  to  me  to 
be  the  most  likely  to  procure  an  equitable  and  satisfactory 
result  in  cases  where  an  adjustment  of  rights  and  privileges 
is  desirable  or  necessary. 

DEMANDS    ON    LEGISLATION. 

The  increasing  legislation  of  the  State  is  largely  due  to 
the  facility  with  which  corporate  privileges  are  obtained  by 


11 

those  who  scarcely  contribute  to  our  material  interests. 
Citizens  of  other  states  seek  our  legislative  aid  for  conven- 
ience or  economy.  Corporations  whose  capital  or  labor  is 
wholly  employed  elsewhere,  occupy  our  legislature  and 
courts  to  the  detriment  and  cost  of  our  own  citizens.  The 
system  in  practice  elsewhere,  of  requiring  a  specific  tax  to 
be  paid  the 'State,  upon  the  passage  of  a  charter,  and  an 
annual  though  small  assessment  upon  the  profits  or  dividends 
arising  from  the  chartered  privilege,  would  circumscribe 
legislation  to  needs,  and  compensate  the  State  for  its  grants. 
Many  of  our  corporations  now  render  such  assistance  to  the 
State,  and  the  imposition  should  be  made  general,  as  it  may 
be  made  equitable.  The  legitimate  demands  upon  your 
attention,  arising  from  the  rapid  increase  of  population  in 
the  State,  and  consequent  necessities,  will  be  many.  The 
community  that  invites  labor  and  capital  within  its  borders 
b_y  liberal  legislation,  adds  to  its  own  stability  and  enriches 
its  citizens. 

PUBLIC    IMPROVEMENTS. 

No  restricted  policy  in  the  matter  of  Public  Improve- 
ments, will,  in  my  judgment,  meet  with  the  wants  and 
expectations  of  our  people.  Observing  with  scrupulous 
care,  all  the  legal  and  equitable  obligations  of  the  State 
toward  existing  grants,  it  should  nevertheless  be  made 
manifest  by  a  broad,  liberal  and  enduring  policy,  that  cor- 
porations, like  individuals,  must  find  their  greatest  protec- 
tion through  adequate  facilities  given  to  the  public,  and  not 
in  class  legislation  or  restricted  competition. 

However  well  adapted  the  Protective  System  may  have 
been  to  earlier  periods  of  our  State  History,  the  demands  of 
our  time  will  be  best  met  by  competition — guarded  as  they 
may  and  should  be,  by  such  restrictions  only  as  experience 
has  proven  right  and  necessary. 

EDUCATION. 

The  cause  of  Education  is  interwoven  to  such  an  extent 
with  every  material  interest  of  the  State,  that  the  most 


12 

careful  legislation  should  be  bestowed  upon  it.  Our  acres 
are  cultivated  and  crops  secured  with  greater  ease  and  profit, 
because  through  education  mind  mastering  matter  has 
evoked  in  countless  useful  forms,  the  implements  ot  in- 
dustry. 

The  Mechanic  Arts  (nowhere  more  fostered  than  in  New 
Jersey)  owe  their  wonderful  development  to  the  trained 
mind.  Genius  conceives,  but  practical  intelligence  executes. 
Libert v,  in  all  its  most  cherished  forms,  has  no  more  cruel 
though  unconscious  foe  than  ignorance.  No  protection  to 
free  institutions  will  ever  be  found  more  adequate  than  edu- 
cation. Considered,  then,  with  reference  to  noble  purposes 
or  selfish  aims,  the  cause  of  education  should  reckon  all 
people  among  its  friends  and  supporters. 

AGRICULTURE. 

I  am  strongly  impressed  with  the  stability  and  value  of 
that  species  of  prosperity  in  the  State,  springing  from  or 
dependent  upon  agricultural  pursuits,  that  at  the  risk  of  a 
comparison,  not  intended  to  be  invidious,  I  solicit  your  es- 
pecial attention  to  those  demands  arising  from  or  tending 
toward  the  development  of  our  agricultural  resources.  As 
the  art  produced  "the  most  healthful,  the  most  useful,  and 
the  most  noble  employment  of  man,"  occupying  more  cap- 
ital, talent  and  persons  than  all  other  pursuits  combined,  the 
development  of  which  gives  to  government  one  of  its  most 
permanent  because  fraternal  supports,  it  will  ever  repay 
patient  and  careful  legislation. 

Proffering  to  agricultural  enterprise  and  capital,  an  equal 
field  for  employment,  at  least,  with  any  of  the  older  States, 
by  reason  of  our  climate,  soil,  fertilizers,  and  proximity  to 
great  markets,  your  legislation  will  aim  in  all  prudent  ways 
to  promote  intelligently  conducted  enterprises  pointing  to 
agricultural  advancement.  Society  will  be  benefited,  as  the 
uncertainties  of  professional  or  mercantile  life  are  under- 
stood, and  agriculturaljand  mechanical  pursuits  are  protected, 
ennobled  and  rendered  successful. 


13 


MANUFACTURES. 

New  Jersey  stands  sixteenth  among  the  States  as  to  pop- 
ulation, yet  ranks  fifth  or  sixth  among  them  in  value  of  its 
manufactured  products.  A  single  collection  district  yields 
the  largest  revenue  to  the  general  government,  save  one,  in 
the  United  States.  I  feel  assured  you  will  fully  appreciate 
the  propriety  of  continuing  that  policy  which  has  heretofore 
induced  manufacturing  enterprise  and  capital  to  seek  our 
protection.  Employment  is  given  to  a  very  large  and  intel- 
ligent class  of  citizens  by  the  manufacturers  of  our  State; 
and  those  employed  being  both  producers  and  consumers 
within  the  State,  their  citizenship  is  an  especial  value. 

MILITIA. 

The  militia  system  of  the  State  will  require  your  attention 
to  some  extent.  The  conceded  superiority  of  the  New 
Jersey  troops  in  many  a  contest  during  the  late  war,  next  to 
an  innate  heroism,  came  largely  from  a  greater  knowledge 
of  military  law  and  life.  This  knowledge  should  be  trans- 
mitted as  part  of  the  inheritance  ot  a  people  meaning  to 
be  free. 

Our  State  was  among  the  first  to  provide  for  the  families 
of  those  who  imperiled  their  lives  for  the  defence  of  the 
Union.  We  owe  to  the  men  who  sustained  our  reputation 
upon  many  a  hard-fought  field  a  lasting  obligation,  and  to 
such  of  them  as  have  been  maimed  or  broken  in  health,  and 
to  the  children  of  such  as  lost  their  lives  and  are  yet  of  in- 
sufficient age  to  provide  for  themselves,  we  should,  through 
existing  hospitals  and  homes,  afford  them  adequate  shelter 
and  support  in  their  exigencies.  Humanity  and  iustice  will 
ever  demand  the  recognition  of  such  claims  from  the  State. 
Government  can  not  afford  to  be  unjust  to  its  defenders. 

PORTS    OF    ENTRY. 

Unless  reasons  exist  other  than  those  heretofore  urged 
against  the  measure,  our  seaboard  cities  should  be  made 


14 

ports  of  entry,  and  the  benefits  arising  therefrom  made  to 
inure  directly  to  our  own  State  and  citizens.  An  immense 
foreign  tonnage  already  seeks  our  superior  facilities  and 
accommodations,  and  it  is  not  hazarding  too  much  to  say- 
that  with  the  great  and  increasing  railroad  terminal  arrange- 
ments within  our  borders,  especially  in  Hudson  County,  the 
tonnage  of  exports  and  imports  will  finally  rival  that  ot  any 
State  in  the  Union.  All  the  expenses  incident  to  the  trans- 
action of  such  large  and  valuable  commercial  business  fall 
upon  the  municipal  and  other  authorities,  who  necessarily 
protect  it,  and  justice  would  seem  to  demand  that  such 
benefits  as  may  arise  from  the  establishment  of  ports  of  entry 
be  directly  had  by  our  own  people. 

SHORTER   SESSIONS. 

An  evil,  known  and  acknowledged  by  all  experienced  in 
legislation,  will,  I  sincerely  trust,  receive  your  earliest  atten- 
tion. The  Constitution  plainly  points  to  a  period  of  forty 
days  as  sufficient  under  ordinary  circumstances  for  the  trans- 
action of  legislative  business.  In  recent  years  the  earlier 
portion  of  the  session  has  usually  concluded  upon  little  or 
no  important  business,  the  later  periods  being  unduly  pressed 
thereby,  and  the  total  time  consumed  being  far  beyond  the 
demands  of  any  real  necessity.  The  burdens  of  cost,  and 
many  evils  and  inconveniences  arising  from  this  custom  are 
too  manifest  to  need  recapitulation  at  my  hands.  Without 
suggesting  any  method  by  which  the  evil  may  be  remedied, 
I  will  cordially  co-operate  with  your  honorable  bodies  in 
such  action  as  your  wisdom  and  experience  may  indicate. 

FEDERAL    RELATIONS. 

Undoubtedly  a  large  majority  of  our  people  believe  that 
the  prompt  admission  of  representatives  in  Congress  from 
all  the  States  vital  to  the  fulfillment  of  the  bond  of  union 
between  them,  necessary  as  a  guard  against  the  encroach- 
ments of  power,  and  essential  to  the  preservation  of  a  system 
by  which  life,  liberty  and  property  are  protected — the  very 


15 

object  of  government.  The  exclusion  of  a  single  State  from 
the  councils  of  the  nation,  gives  to  the  heresy  of  secession  a 
reality  which  the  triumph  of  the  Confederate  arms  could 
scarcely  have  made  more  substantial.  Practically,  the  evils 
of  successful  rebellion  are  entailed  by  the  cost  of  guarding 
armies,  the  impoverishing  of  vast  territories  by  withholding 
security  to  labor  and  capital  that  would  else  be  prompt  to 
enrich  them,  and  finally,  by  the  constant  danger  to  the  ad- 
hering States  attendant  upon  the  exercise  of  questionable 
power.  A  government  that  has  demonstrated  its  power  in 
the  degree  we  have  witnessed  can  scorn  fear,  and  add  im- 
measurably to  its  strength  by  conciliation. 

Among  nations,  as  among  men,  the  weak,  timid  and  vacil- 
lating are  usually  the  advocates  of  cruel,  selfish  or  illegal 
measures.  Peace  to  a  nation,  or  prosperity  to  a  people,  is 
never  born  of  such  counsels. 

Among  the  multitudes  of  men,  whose  birth,  attachments, 
associations  and  interests  are  within  the  Southern  States, 
there  can  be  found  many  of  such  unquestionable  fidelity, 
integrity  and  intelligence,  as  to  render  it  safe  to  repose  con- 
fidence in  them,  and  therefore  wise  and  just  to  do  it.  For 
the  general  welfare  and  prosperity  it  cannot  be  too  promptly 
done.  No  clanger  growing  out  of  properly  guarded  repre- 
sentation from  the  Southern  States  can  be  equal  to  that  of 
conceding  as  a  night  the  undue  exercise  of  power  to  some 
States  an  1  the  total  deprivation  of  it  to  others. 

New  Jersey,  through  her  delegates  in  the  Convention 
forming  the  Federal  Constitution,  was  conspicuous  for  its 
opposition  to  the  plans  presented  by  that  body,  by  which 
certain  States,  superior  in  power,  population  or  wealth, 
should  obtain  an  undue  ascendency  in  the  administration  of 
the  affairs  of  the  government,  or  within  which  were  to  be 
found  the  seeds  of  a  centralized  form  of  government,  and 
was  equally  conspicuous  for  its  fidelity  to  every  proposition 
that  looked  to  the  preservation  of  the  rights  of  the  States  in 
all  their  integrity,  force  and  energy.  Equal  representation 
in  the  Senate  from  each  State  was  the  fruit  of  this  steadfast 
adherence  to  the  principle  of  the  equality  of  the  States. 


16 

Any  plan,  however  well  intended,  or  any  argument,  how- 
ever specious,  that  strikes  at  this  principle,  so  long  con- 
tended for,  is  subversive  of  a  government  founded  by  the 
States  themselves,  the  better  to  preserve  their  union  and 
equality. 

Contending  with  other  States,  and  successfully,  for  this 
equality  and  protection,  our  delegates  in  the  Federal  Con- 
vention were  not  unmindful  of  the  power  necessary  to  the 
Federal  Government  for  the  maintenance  and  protection  of 
its  dignity  and  authority,  and  as  will  be  recollected,  sub- 
mitted by  one  of  our  own  delegates,  a  proposition  to  be  en- 
grafted in  the  Constitution,  by  which  in  explicit  terms  the 
Federal  Executive  was  to  be  authorized  to  call  for  the  power 
of  the  Confederated  or  United  States  if  any  State,  or  any 
body  of  men  in  any  State,  should  oppose  or  prevent  the 
carrying  out  of  any  act  of  Congress  under  the  Constitution. 
The  omission  to  engraft  this  explicit  authority  within  the 
Federal  Constitution  is  not  to  be  counted  in  cost  now.  New 
Jersey  made  a  record  for  itself  in  those  memorable  days. 

It  is  essential  under  a  republican  form  of  government  to 
obtain  voluntary  obedience  in  time  of  peace.  The  obedi- 
ence of  a  people  that  is  compelled,  is  almost  as  dangerous  to 
the  power  as  to  the  subject.  A  government  that  exists  by 
force  alone  carries  within  it  the  seeds  of  its  dissolution,  and 
by  its  very  nature  is  at  war  with  the  principles  of  liberty. 

Believing,  as  the  majority  of  our  people  do,  that  the  almost 
indiscriminate  exclusion  of  real  representatives  from  the 
Southern  States  is  violative  of  the  spirit  of  the  Federal  Union, 
dangerous  as  a  precedent,  especially  to  the  citizens  of  the 
smaller  States,  and  unnecessary  for  any  patriotic  purpose, 
they  also  unquestionably  believe  that  the  destiny  of  the 
Southern  people  is,  when  reinstated,  mainly  in  their  own 
hands.  Accepting  the  inexorable  logic  of  events,  they 
should  ennoble  labor,  and  turn  it  to  their  advantage,  develop 
their  own  abundant  resources,  practice  an  economy  beyond 
our  example,  establish  and  enforce  law  and  order  in  their 
midst — render  full  justice  to  all  classes  in  their  courts,  and 
supersede  the  necessity  of  interference  on  any  possible  pre- 


17 

text.     This  done,  their  future  will  rival  in  prosperity  that  of 
any  of  the  States. 

The  people  of  New  Jersey  having  evinced  their  patriotism 
in  council  and  in  the  field  through  every  emergency,  from 
the  foundation  of  the  government,  and  in  them  all  being 
second  to  none  in  unflinching  devotion  to  the  government  of 
their  creation  and  choice,  it  is  their  right  and  privilege  to 
counsel  and  advise.  With  every  returning  sign  of  unity  and 
prosperity,  they  turn  with  gladdened  hearts  to  the  larger  and 
more  magnifice-  t  field  of  the  nation.  Their  brethren,  long 
estranged,  are,  as  a  whole,  anxious  to  resume  the  relations  of 
commercial,  social  and  political  intercourse.  Duty  and  in- 
terest alike  point  to  a  cultivation  of  good  will,  confidence 
and  sympathy,  between  the  people  of  all  the  States,  and 
without  which  we  can  never  be  a  homogeneous  or  a  pros- 
perous people.  Let  it  be  our  endeavor  to  promote  this 
blessed  reunion. 

Our  fathers  have  left  us  a  noble  heritage — a  State  without 
a  blot  on  her  escutcheon.  Though  small  in  territory,  we  are 
rich  in  historical  associations,  unvarying  in  the  fidelity  and 
intelligent  patriotism  of  our  people;  abounding  in  agricul- 
tural wealth  and  thrift,  manufacturing  industry  and  enter- 
prise ;  with  a  commerce  that  already  rivals  most  of  the 
larger  States  ;  teeming  with  the  richest  minerals,  and  having 
the  skill  and  science  to  convert  them  to  their  appropriate 
uses — behind  but  few  States  in  the  means  and  progress  of 
education,  with  a  judiciary  incorrupt  and  incorruptible,  and 
with  a  population  second  to  no  State  in  high-toned  morals, 
orderly  and  cheerful  obedience  to  the  laws. 

Under  such  benignant  auspices,  with  the  blessing  of  God, 
our  way  must  be  onward  to  the  ultimate  rewards  of  an  intel- 
ligent and  prosperous  community. 


After  the  conclusion  of  the  address,  Rev.  David  W.  Bar- 
tine.  D.  D.,  pronounced  the  benediction. 


3 


MESSAGE 

TO  THE  SENATE  AND  GENERAL  ASSEMBLY, 


RECOMMENDING    THE 


ABOLISHMENT  OF  TRANSIT  DUTIES. 


MESSAGE. 


EXECUTIVE  DEPARTMENT,  ) 

TKENTON,  February  24,  1869.  f 

To  the  Senate  and  General  Assembly  : 

The  time  has  arrived,  in  my  judgment,  when  a  change 
can  be  safely  and  judiciously  made  in  the  mode  of  taxation 
as  applied  to  corporations  upon  which  taxation  has  hereto- 
fore been  levied  by  means  of  transit  duties. 

I  therefore  recommend  to  your  honorable  bodies  the 
enactment  of  a  law,  upon  the  acceptance  of  which  by  the 
companies  now  paying  transit  duties  (if  such  acceptance  be 
requisite),  all  payments  by  them  of  such  duties,  whether 
upon  passengers  or  freight,  shall  cease.  To  adequately  pro- 
vide for  an  income  to  the  State,  equal,  at  least,  to  that  at 
present  obtained  from  corporations,  provision  should  be 
made  for  the  establishment. of  a  just  and  uniform  rate  of 
taxation  upon  all  railroad  and  canal  companies,  subject  at 
all  times  to  such  changes  in  the  rate  of  taxation  as  the  Leg- 
islature may  deem  it  necessary  or  expedient  to  make. 

Provision  should  be  made,  however,  for  Ihe  payment  of 
an  amount  per  annum,  by  existing  corporations,  equal  to 
that  paid  by  them  to  the  State  for  the  year  past. 

In  guarding  the  incomes  of  the  State  from  diminution, 
the  probable  effect  of  the  provision  I  have  recommended 
would  be  to  make,  for  the  time  being,  a  somewhat  unequal 
assessment  upon  existing  corporations.  A  number  of  reasons 
could  be  submitted,  were  it  necessary,  to  show  that  the  in- 
equality is  more  apparent  than  real. 

Great  care  should,  nevertheless,  be  taken  in  the  establish- 


22 

ment  of  the  new  system,  that  no  real  injustice  is  done  to 
the  corporations  whose  interests  are  to  be  affected  by  its 
provisions.  Many  important  considerations  will  undoubt- 
edly suggest  themselves  in  arranging  the  details  of  an  act 
so  important  to  the  State,  and  ultimately,  and  not  remotely, 
valuable  to  its  corporations.  I  am  convinced  that  the 
present  mode  of  obtaining  revenue  by  the  imposition  of 
transit  duties  is  inconsistent  with  the  spirit  of  our  people, 
the  more  enlightened  and  just  modes  of  taxation  experience 
has  developed,  and  unequal,  also,  in  its  operations  upon  our 
citizens. 

The  operation  of  the  system,  too,  is  either  persistently 
misunderstood  or  willfully  misinterpreted  by  citizens  of 
other  States. 

I  believe  the  enactment  of  a  law  containing  the  general 
principles  I  have  recommended  would  leave  the  State  free 
to  pursue  the  most  liberal  policy  as  to  public  improvements, 
and  finally  tend  to  turn  the  current  of  legislation,  as  re 
gards  taxation,  toward  a  system  more  just  in  its  provisions 
and  equitable  in  its  operations  than  our  tax  laws  of  late 
years  have  seemed  to  be. 

For  these  reasons  I  urge  your  attention  to  the  recom- 
mendations I  have  the  honor  to  transmit  to  your  honorable 
bodies. 

Respectfully  submitted, 

THEODORE  F.  RANDOLPH, 

Governor. 


Recommendation  sustained  by  Legislature,  and  law  passed. 
See  —  Yol.  Laws  1869,  page  — . 


MESSAGE 


RELATIVE  TO 


THE  VINELAND  RAILWAY. 


VETO   MESSAGE. 


EXECUTIVE  DEPARTMENT, 

TRENTON,  February  24th,  1869. 

To  the  Senate  and  General  Assembly : 

I  herewith  return  to  the  House  of  General  Assembly,  As- 
sembly Bill  No.  63  entitled  "an  act  to  authorize  certain 
townships  and  cities  in  the  county  of  Cumberland,  or  any 
other  county,  along  the  line  of  the  Vineland  Railway,  or 
through  which  it  shall  pass,  or  within  three  miles  of  said 
road,  to  issue  bonds  and  take  stock  in  the  Vineland  Railway 
Company,"  without  my  signature  and  with  my  objections 
to  said  bill. 

The  long  settled  policy  of  this  State,  as  indicated  by  its 
legislation,  with  reference  to  townships,  towns  and  boroughs, 
has  been  to  limit  the  taxing  power  of  such  municipalities  to 
raising  money  by  votes  of  the  legal  voters,  given  at  regular 
public  elections,  to  be  expended  within  the  municipality,  for 
purposes  only  of  limited  municipal  government. 

This  bill  authorizes  the  assessment  of  taxes  upon  the 
property  of  townships  and  cities  referred  to  in  this  Bill,  dur- 
ing a  period  of  twenty-five  years,  at  least,  for  the  purpose  of 
building  a  railroad,  no  part  of  which  is  required  to  be  with- 
in the  territory  of  the  township  or  city,  upon  the  property 
on  which  the  tax  is  imposed,  and  in  the  control  and  man- 
agement of  which  railroad  and  of  the  concerns  of  the  com- 
pany to  which  the  road  belongs  the  taxed  townships  or 
cities  will  have  anv  voice  in  the  management  of  the  affairs 

•i  o 

of  the  railroad  company,  or  of  its  road.  If  a  representa- 
tion in  the  direction  of  the  railroad  company  were  secured 
to  the  townships  and  cities  which  become  stockholders, 


26 

owing  to  inherit  difficulties  in  selecting  suitable  and  effi- 
cient representatives,  the  representation  would  be  of  little 
practical  value  to  the  townships  and  cities.  This  Bill,  then, 
enables  the  property  of  the  people  of  a  township  or  city  to 
be  taxed  to  contribute  to  the  stock  of  a  private  railroad  cor- 
poration, in  the  management  of  which  private  corporation 
the  municipality  can  and  will  have  no  control.  AYhile  the 
etock  of  the  railroad  company  is  to  be  paid  for  at  par,  and 
while  the  principal  and  interest  of  the  municipal  bonds  are 
to  be  paid  for  at  par,  the  bonds  themselves  may  be  disposed 
of  at  any  rate  of  usury  or  discount  that  the  commissioners 
see  tit. 

Before  such  a  policy  is  engrafted  in  our  system  for  the 
government  of  our  local  municipalities,  I  feel  constrained 
to  invite  the  deliberate  consideration  and  judgment  of  the 
Legislature  as  to  its  wisdom  and  practical  operation. 

It  is  well  worthy  of  consideration,  whethei  the  mischiefs 
and  abuses  sure  to  result  from  such  a  mode  of  raising  funds 
to  build  the  railway  of  a  private  railroad  corporation  will 
not  vastly  outweigh  all  advantages  which  can  accrue  from  it 
to  the  people  of  the  taxed  localities. 

It  is  also  to  be  doubted  whether  it  will  be  wise,  or  in  any 
respect  beneficial,  to  permit  townships,  towns  and  cities  to 
buy,  hold  and  sell  the  stocks  of  private  corporations.  As  a 
general  rule,  the  effect  cannot  fail  to  be  a  loss  the  munici- 
pality. The  imposing  of  the  tax  by  consent,  in  writing,  of 
a  majority  of  the  tax- payers,  obtained  separately,  instead  of 
having  the  question  decided  at  a  public  township  meeting 
or  township  election,  where  the  voters  all  assemble  at  one 
place,  and  have  an  opportunity  for  conference  and  discus- 
sion, is  a  departure  from  the  long  established  mode  of  de- 
ciding such  questions  in  this  state,  and  open  to  so  many 
frauds  and  abuses  that  its  expediency  is  more  than  doubtful. 

All  of  which  is  respectfully  submitted  lor  your  considera- 
tion and  action. 

THEODORE  F.  RANDOLPH, 

Governor. 
Veto  sustained. 


MESSAGE 


TRANSMITTING 


The  Proposed  Fifteenth  Amendment 


CONSTITUTION    OF   THE   UNITED   STATES. 


MESSAGE. 


EXECUTIVE  DEPARTMENT,  ) 

TRKNTON,  March,  1869.  j 

To  the  Senate  and  General  Assembly: 

I  transmit  herewith  to  the  Legislature  the  concurrent 
resolutions  of  the  Congress  of  the  United  States,  proposing 
an  amendment  to  the  Constitution,  to  be  known,  if  ratified 
by  the  requisite  number  of  States,  as  the  Fifteenth  Article 
of  the  Constitution,  reading  as  follows: 

"  SE«.  1.  The  right  of  citizens  of  the  United  States  t<> 
vote  shall  not  be  denied  or  abridged  by  the  United  States 
or  by  any  State  on  account  of  race,  color,  or  previous  con- 
dition of  servitude. 

"  SEC.  2.  That  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation/' 

When  the  members  of  your  honorable  bodies  were  elected 
to  their  offices,  the  important  principles  contained  in  the 
proposed  amendment  were  not  only  not  in  issue,  but  were 
denied  by  a  large  number  of  our  best  citizens,  as  being  in- 
volved in  the  canvass.  So  far  as  any  expression  has  been 
had  from  our  people,  it  is  entirely  unfavorable,  inferentially. 
to  the  ratification  of  the  amendment  proposed. 

The  ratification  of  it  by  the  proper  number  of  States  will 
practically  change  our  State  Constitution,  as  it  declares 
suffrage  to  whites  alone.  Our  State  Constitution  expressly 
provides  that  no  changes  can  be  made  in  it  except  such  as 
have  been  agreed  to  by  the  Senate  and  General  Assembly, 
transmitted  to  and  endorsed  by  a  direct  vote  of  the  people  ; 
such  vote  not  being  held  sooner  than  four  months  after  the 


30 

adjournment  of  the  Legislature  last  acting  on  the  proposed 
amendment.  A  period  of  not  less  than  one  and  a  half  years 
is  thus  established  as  the  briefest  time  in  which  any  change 
can  be  made  in  the  organic  law  of  the  State. 

The  wisdom  and  propriety  of  these  provisions  have  never 
been  questioned,  I  believe.  Now  the  effect  of  the  passage 
of  the  proposed  amendment  by  the  necessary  number  of  the 
State  Legislatures,  being  to  change  or  nullify  an  important 
provision  of  our  State  Constitution,  namely,  that  which 
restricts  the  privilege  of  suffrage  in  New  Jersey  to  white 
male  citizens  of  the  United  States,  can  the  present  Legisla- 
ture, with  any  degree  of  propriety,  attempt  to  do,  by  indi- 
rection, that  which  our  State  Constitution  expressly  forbids 
them  from  doing  directly,  especially  in  view  of  the  fact  that 
the  most  complete  expression  of  the  State  upon  the  amend- 
ment submitted  by  Congress  can  be  had  in  a  more  explicit 
and  reliable  form.  Can  there  be  any  fair  justification  for 
your  definite  action  now  ? 

Would  not  action  of  an  ultimate  character  upon  the  sub- 
ject be  in  violation  of  the  spirit  of  our  whole  system  of 
government  as  relates  to  the  amending  power?  And  is  it 
not  the  right  of  the  people  of  this  State,  as  that  of  the  people 
of  all  the  States,  having  similar  provisions  in  their  State 
Constitutions,  as  to  white  suffrage,  to  give  their  opinion 
upon  so  important  a  change  by  a  direct  vote  and  in  an 
explicit  manner,  where  the  whole  subject  to  be  decided  shall 
be  acted  upon  after  calm  reflection  and  due  consideration  ? 

For  the  reasons  assigned,  and  for  many  and  important 
reasons  which  your  intelligence  will  promptly  appreciate, 
some  of  them  touching  the  delicate  and  vital  relations  always 
and  necessarily  existing  between  the  Federal  and  State 
Governments,  involving  their  purposes  and  powers  ;  the 
most  deliberate  and  mature  deliberation  of  all  such  questions 
is  demanded,  so  that  the  fullest  power  and  authority  may 
be  yielded  to  the  General  Government,  which  its  efficiency, 
perpetuity  and  dignity  require,  without  trenching  upon  the 
inherent  and  reserved  rights  of  the  States,  or  derogating 
from  their  separate  and  independent  existence.  I  therefore 


31 

respectfully  recommend  the  reference  of  the  whole  subject 
to  the  people  of  the  State  at  large,  in  such  manner  as  will 
best  obtain  their  enlightened  conviction. 

The  record  of  New  Jersey  toward  the  colored  race  is  too 
well  known  to  need  defence  at  my  hands.  Long  years  ago, 
by  the  voluntary  act  of  our  people,  they  were  made  forever 
free  within  our  borders.  They  have  had  every  right  of 
person  and  property  respected  in  our  courts.  As  a  portion 
of  society,  they  have  been  upheld  and  esteemed  in  full  pro- 
portion to  every  element  of  virtue  and  intelligence  shown 
by  them  ;  as  recipients  of  the  bounty  and  benevolence  of 
the  State,  they  have,  in  peace  and  war,  fared  equally  with 
all  other  classes,  and  have  ever  found  in  New  Jersey  re- 
spected rights  and  protected  homes. 

No  act  of  ours,  as  a  State,  should  perpetuate  the  memory 
of  wrongs  inflicted  upon  a  race,  but  no  false  sentiment  should 
influence  us  to  vitiate  and  debase  the  vital  power  upon  which 
our  whole  system  of  government  rests. 

Respectfully, 

THEODORE  F.  RANDOLPH, 

Governor. 
Message  sustained. 


VETO  MESSAGE 


Base  Ball  Clubs  and  Minor  Corporations. 


VETO   MESSAGE. 


EXECUTIVE  DEPARTMENT,           ) 
TRENTON,  March  3,  1869.  f 

To  the  Senate  and  General  Assembly : 

I  feel  constrained  to  return  to  the  House  of  General  As- 
sembly Assembly  Bill  Xo.  106,  entitled  "  An  Act  to  incor- 
porate the  Champion  Base  Ball  Club  of  Jersey  City,  Hudson 
County,"  without  my  approval. 

The  fourth  section  of  the  bill  authorizes  the  Club  to  give 
"  exhibitions  of  feats  of  strength,  and  all  games  requiring 
skill  and  science." 

I  respectfully  submit  that  with  the  existing  diversity  of 
opinion  as  to  what  constitutes  "  skillful  and  scientific" 
games,  the  section  of  the  bill  may  indirectly  sanction  and 
legalize  that  which  the  long  established  laws  of  the  State 
have  made  illegal. 

The  ninth  section  of  the  bill  gives  authority  to  the  "  Club 
to  appoint  from  time  to  time  one  or  more  fit  persons,"  who 
upon  certain  prescribed  and  easily  conformed  conditions  are 
invested  with  constabulary  powers  which  may  be  exercised 
upon  the  grounds  of  the  Club  and  in  the  immediate  vicinity 
thereof. 

I  cannot  sanction  by  any  act  of  mine  the  delegation  of  so 
important  a  power  as  that  of  the  arrest  of  citizens,  to  per- 
sons who  may  be  appointed  without  sufficient  care  or  at  the 
caprices  of  a  private  corporation  of  the  State.  The  evils 
growing  out  of  the  unduly-guarded  exercise  of  such  a  power 
— always  to  be  most  carefully  defined — are  too  manifest  to 
need  further  reference  at  my  hands. 


36 

Were  it  proper  to  confer  upon  a  corporation  of  the  State 
such  discretionary  power,  it  will  hardly  be  urged  that  the 
minor  corporations  should  be  given  that  which  the  greater 
could  scarcely  obtain — or  if  obtained,  then  guarded  .as  to 
number  of  appointees,  their  fitness  for  the  service  required, 
and  their  more  direct  responsibility  to  the  municipal  or  other 
authority  for  acts  performed. 

If  your  honorable  bodies,  upon  reflection,  deem  the  incor- 
poration of  Base  Ball  Clubs  and  similar  societies  (beneficial 
no  doubt  when  properly  conducted)  of  sufficient  importance 
to  engage  your  deliberation  and  thought,  I  hope  you  may 
concur  with  me  in  the  propriety  of  confining  such  organiza- 
tions to  the  exercises  of  the  simplest  powers  consistent  with 
corporate  existence. 

Kespectfully  submitted, 

THEODOKE  F.  KANDOLFH, 

Governor. 

Yeto  sustained. 


MESSAGE 

RELATIVE   TO   ASSEMBLY  BILL,  No.  120, 


AND  TO 


AXATION    ON    -PRIVATE    LORPOR^ATIONS, 


MESSAGE. 


EXECUTIVE  DEPARTMENT,          ) 
TRENTON,  March  3,  1869.  f 

To  the  Senate  and  General  Assemlby : 

I  have  delivered  to  the  Secretary  of  State,  with  my  signa- 
ture of  approval,  Assembly  Bill  No.  120,  entitled :  "  An  act 
to  incorporate  the  American  Eagle  Steam  Gauge  Company." 

The  eighth  section  of  the  bill  provides  :  "  That  the  real 
and  personal  property  of  the  said  corporation  shall  be  sub- 
ject to  taxation  in  like  manner  as  the  property  of  individuals, 
and  that  the  said  corporation  shall  not  be  subject  to  any  tax 
on  any  stock  of  said  corporation  held  or  owned  by  them  or 
any  of  them." 

This  provision  withdraws  this  company  from  the  operation 
of  the  general  tax  law  of  this  State  relative  to  corporations. 
In  the  fifteenth  section  of  the  general  tax  law,  approved  April 
11,  1866,  (laws  of  1866,  page  1084,)  it  is  provided  :  "That 
all  private  corporations  of  this  State,  except  banking  insti- 
tutions, and  except  those  which,  by  virtue  of  any  contract 
in  their  charters  or  other  contracts  with  this  State,  are  ex- 
pressly exempted  from  taxation  ;  and  except  Mutual  Life  In- 
surance Companies  specially  taxed,  shall  be,  and  hereby  are 
required  to  be  respectively  assessed  and  taxed  at  the  full 
amount  of  their  capital  stock  paid  in,  and  accumulated  sur- 
plus /  but  any  real  estate  which  such  corporations  lawfully 
own  in  any  other  State  than  this  State  shall  not  be  liable  to 
be  estimated  in  such  accumulated  surplus,  and  the  persons 
holding  the  capital  stock  of  such  corporations  shall  not  be 
assessed  therefor  ;  and  such  corporations  as  have  no  capital 


40 

stock  other  than  those  above  excepted  shall  be  assessed  for 
the  full  amount  of  their  property  and  valuable  assets  without 
any  deduction  for  debts  and  liabilities." 

I  have  been  unable  to  discover  any  sufficient  reason  for 
exempting  the  corporation  created  by  the  bill  under  notice 
from  the  general  rule  of  taxation  applicable  to  private  cor- 
porations. But,  inasmuch  as  sufficient  reasons  for  making 
that  exception  may  have  been  known  to  the  Legislature,  and, 
as  a  similar  exception  may  have  been  inserted  in  other  char- 
ters of  private  corporations,  granted  since  the  enactment  of 
the  general  law  above  referred  to,  and  passed  unchallenged, 
and  as  it  is  open  to  amendment  or  repeal,  I  have  concluded 
that,  without  a  veto  of  this  bill,  my  duty  will  be  discharged 
by  inviting  your  attention  to,  and  consideration  of,  the  prin- 
ciple of  taxation  which  should  be  applied  to  all  similar  pri- 
vate corporations  chartered  and  to  be  chartered. 

At  all  times,  as  a  general  rule,  justice  and  sound  policy 
require  that  the  property  of  private  corporations,  as  to  taxa- 
ation,  should  be  no  more  favored  or  relieved  than  the  prop- 
erty of  animated  persons,  and  that  the  rule  of  taxation 
should  be  uniform  and  general.  Now,  when  taxes  are 
numerous  and  burdensome,  it  would  seem  wise  and  just  for 
the  Legislature  to  give  the  most  deliberate  attention  to  the 
application  and  enforcement  oi  these  principles. 

The  Steam  Gauge  Company  now  incorporated  may  expand 
its  capital  to  one  million  dollars.  When  this  is  done  the 
only  tax  it  will  be  liable  to  under  its  charter  will  be  :  "  That 
the  real  and  personal  property  of  the  said  corporation  shall 
be  subject  to  taxation  in  like  manner  as  the  property  of  in- 
dividuals/' 

The  real  and  personal  property  of  the  corporation  which 
can  be  reached  by  an  assessor  may,  even  when  the  capital  is 
large,  be  small  and  comparatively  insignificant.  In  all  such 
cases  the  corporations  exempted  trom  the  general  la\v,  a* 
this  is,  will  pay  an  inconsiderable  amount  of  tax,  while  those 
subject  to  the  general  law  will  pay  tax  on  "  the  full  amount 
of  their  capital  stock  paid  in  and  accumulated  surplus." 
Are  not  such  discriminations  invidious  and  unjust?  Is  it 


41 

not  detrimental  to  the  public  revenues,  and  unequal  in  opera- 
tion toward  those  who  are  taxed  according  to  the  general 
tax  law  ? 

Where  the  public  burdens  are  great,  nothing  is  more  likely 
to  engender  and  promote  popular  discontent  than  discrim- 
ination in  the  imposition  of  taxes. 

The  rule  taxing  private  corporations  "  at  the  full  amount 
of  their  capital  stock  paid  in,  and  accumulated  surplus,''  was 
adopted  in  1862,  and  has  been  maintained  as  a  general  law 
ever  since.  The  rule  seems  to  me  to  be  convenient,  just  and 
salutary.  Every  private  corporation  should  have,  and  may 
be  well  assumed  to  have,  property  to  the  full  amount  of  its 
capital  stock  paid  in,  and  its  accumulated  surplus.  Besides 
that,  this  rule  of  taxation  has  a  most  salutary  influence  in 
restraining  private  corporations  from  issuing  stock  founded 
upon  fictitious  or  inflated  values. 

I  therefore  respectfully  invite  you  to  consider  whether  the 
private  corporations  of  this  State  should  not  be  assessed  and 
taxed  at  the  full  amount  of  their  capital  stock  paid  in  and 
accumulated  surplus,  and  whether,  when  the  property  of  the 
corporation  has  been  acquired  by  the  issue  of  bonds,  the 
amount  of  the  funded  debt  should  not  be  added  to  the  cap- 
Hal  stock  paid  in  ?  With  rare  exceptions  the  application  of 
such  a  principle  would  operate  justly  and  beneficially. 
Should  this  principle  be  adopted,  provision  would  need  to  be 
made  to  properly  distribute  the  tax  thus  raised  between  the 
State,  counties  and  smaller  municipalities. 

Much  ot  the  confusion  and  inequality  as  to  taxes  upon 
property  of  private  corporations  would  be  avoided,  if  the 
Legislature  should  see  tit  to  create  a  private  corporation  by 
special  charter  in  every  case  where  the  legitimate  purposes 
ot  the  proposed  corporation  can  be  attained  by  organizing 
the  corporation  under  the  general  law  "  to  authorize  the  es- 
tablishment and  to  prescribe  the  duties  of  companies  for 
manufacturing  and  other  purposes."  That  law,  by  a  supple- 
ment thereto,  approved  April  6,  1865,  is  "  extented  so  as  to 
embrace  within  it  all  persons  exceeding  four  who  shall  asso 
ciate  themselves  together  for  the  purpose  of  carrying  on  any 
6 


42 

lawful  business  whatever."  Were  this  course  adopted,  there 
is  reason  to  believe  that,  with  very  few  exceptions,  every 
legitimate  object  of  the  corporation  could  be  attained,  and 
the  rights  of  the  public  be  better  protected  and  promoted 
than  by  special  charters. 

The  length  of  the  sessions  and  the  labors  of  the  Legisla- 
ture would  be  greatly  reduced  should  such  action  be  con- 
cluded upon  as  to  future  applications.  To  this  important 
subject  I  also  invite  your  prompt  and  careful  consideration. 

Respectfully, 

THEODORE  F.  RANDOLPH, 

Governor. 


MESSAGE 


RELATIVE  TO  THE 


U 


STEVENS  BATTERY." 


MESSAGE. 


EXECUTIVE  DEPARTMENT,  ) 

TRENTON,  March  22,  1869.  ) 

To  the  Senate  and  General  Assembly  : 

I  beg  leave  to  remit  herewith  a  communication  from  the 
executors  of  the  will  of  the  late  Edwin  A.  Stevens,  of  Ho- 
boken. 

By  the  terms  of  the  will,  as  will  be  seen,  to  the  State  of 
New  Jersey  is  bequeathed  the  vessel  known  as  the  "  Stevens 
Battery,"  provision  being  made  for  its  completion  in  the 
most  liberal  manner,  under  the  direction  of  the  highest  in- 
telligence and  skill.  The  executors  having  secured  the  ser- 
vices of  General  George  B.  M'Clellan,  who  will  be  aided  by 
Captain  Newton,  of  New  York,  the  amplest  security  is  had 
that  neither  intelligence  nor  skill  will  be  wanting  in  the 
completion  of  the  Battery. 

A  donation  of  such  a  munificent  character  from  a  private 
citizen  whose  name  and  reputation  have  been  connected 
with  almost  every  important  enterprise  in  the  State,  and 
whose  skill,  industry  and  ingenuity  have  given  an  especial 
usefulness  to  unusual  wealth,  should  receive  from  the  Leg- 
islature a  recognition  fitted  to  the  reputation  of  the  donor 
and  the  munificence  of  the  gift. 

Agreeing  with  the  executors  as  to  the  propriety  of  naming 
some  persons  who  shall  be  authorized  to  confer  "  as  to  the 
probable  disposition  of  the  ship,  and  as  to  the  details  of  her 
completion,"  I  will  be  glad  to  put  myself  in  communication 
with  the  executors  as  to  the  persons  most  acceptable  to  them 


46 


and  beneficial  to  the  State,  not  exceeding  three  in  number, 
as  I  would  recommend. 

I  would  suggest  that  the  persons  thus  appointed  by  the 
State  be  authorized  to  fully  confer  and  advise  with  the  ex- 
ecutors as  to  the  mode  of  completing  the  Battery,  and  with 
the  concurrence  of  this  Department  enter  upon  such  nego- 
tiations as  to  its  ultimate  disposition  as  they  may  deem 
proper  and  the  Legislature  hereafter  sanction. 

Respectfully, 

THEODORE  F.  RANDOLPH, 

Governor. 

Recommendation  sustained. 


COMMUNICATION  FROM  TOE  EXECUTOR. 


HOBOKEN,  March  15th,  186D. 

Ilis  Excellency,    Theo.  ^F.  Randolph,    Governor  of  New 
Jersey  : 

We  ask  your  attention  to  the  following  extract  from  the 
will  of  the  late  E.  A.  Stevens : 

"  Out  of  the  residue  of  my  estate  (excluding  Castle  Point 
and  the  Homestead  lot  and  the  house  thereon)  remaining 
after  the  payment  of  my  debts,  the  said  eight  hundred  thou- 
sand dollars  in  legacies,  and  the  appropriation  of  so  much 
thereof  as  is  necessary  to  answer  the  foregoing  charitable 
bequests  and  devises,  I  empower  my  executors  to  apply,  not 
exceeding  the  sum  of  one  million  dollars,  to  finishing  on  my 
general  plans  as  near  as  may  be  in  the  discretion  of  my  said 
executors,  the  battery  known  as  the  Stevens  Battery,  and 
for  the  accomplishment  of  the  said  object  I  give  to  them  the 
use  of  the  dock  and  yards  and  basin  heretofore  appropriated 
to  the  said  battery,  and  all  the  material  provided  for  said 
battery.  When  said  battery  shall  be  finished  I  direct  my 
executors  to  otter  the  same  to  the  State  of  New  Jersey  as  a 
present,  to  be  disposed  of  as  the  said  State  shall  deem 
proper ;  and  if  not  accepted  by  the  said  State,  I  direct  my 
executors^  to  sell  the  same,  and  the  proceeds  thereof  shall  fall 
into  the  residue  of  my  estate." 

In  accordance  with  these  directions,  we  are  going  on  to 
complete  the  "  Stevens  Battery,"  and  shall  "  otter  the  same 
to  the  State  of  New  Jersey  "  so  soon  as  it  is  finished. 

But   inasmuch  as  the  details  of  completion  should  be  to 


48 

some  extent  varied,  more  perfectly  to  meet  the  requirements 
of  such  disposition  of  it  "  as  the  State  may  deem  proper," 
we  would  respectively  suggest  the  appointment  by  the  State 
of  some  person  or  persons  to  advise  us  as  to  the  probable 
disposition  of  the  ship  so  soon  as  that  can  be  ascertained, 
and  as  to  the  details  of  her  completion. 

We  have  ascertained  that  it  will  take  about  eighteen 
months  to  two  years  to  finish  the  ship,  and  that,  although 
about  nine  hundred  thousand  dollars  has  already  been  ex- 
pended upon  her,  it  will  require  the  whole  of  the  additional 
million  to  complete  her. 


Very  Respectfully, 


W.   W.  SHIPPEN, 

S.  B.  DOD, 

M.  B.  STEVENS. 


MESSAGE 

OH 

ENLARGEMENT    OF    THE     STATE     PRISON, 

AND 

Establishment  of  a  House  of  Correction, 


MESSAGE. 


EXECUTIVE  DEPARTMENT,  ) 

TRENTON,  March  23d,  1869.  ) 

To  the  Senate  and  General  Assembly  : 

In  the  report  submitted  some  weeks  since  to  the  Legisla- 
ture, the  commissioners  to  investigate  State  Prison  affairs 
expressed  their  strong  conviction  of  the  necessity  of  further 
provisions  for  the  proper  treatment  of  those  criminals  who, 
through  the  operation  of  our  laws,  are  under  the  care  of  the 
State.  The  able  report  of  the  Joint  Committee  of  last  ses- 
sion, appointed  to  inquire  into  the  management  of  the  State 
Prison,  entirely  harmonizes  with  the  conclusions  at  which 
the  commissioners  arrived,  as  to  the  evils  arising  from  short 
official  terms  and  of  partisan  appointments  in  the  Prison. 
Its  forcible  statement  of  them  renders  needless  any  further 
observation.  The  wisdom  of  the  Legislature  will  doubtless 
find  an  appropriate  mode  of  relief. 

The  crowded  condition  of  the  Prison  also  demands  im- 
mediate attention.  It  has  rendered  the  liberation  of  pris- 
oners before  the  completion  of  their  terms  of  sentence  in 
many  cases  necessary  and  inevitable.  They  are  not  only 
crowded,  but  herded  together  in  an  enforced  id'eness,  there 
not  being  shop  room  enough  for  more  than  about  three  hun- 
dred and  fifty  men.  The  State,  therefore,  loses  the  benefit 
of  the  productive  industry  of  more* than  two  hundred  pris- 
oners— a  condition  injurious  alike  to  the  convict  and  to  the 
State.  Honest  labor  should  not  be  taxed  to  support  idle 
convicts. 

As  the  Prison  yard  is  too  small  for  a  proper  extension  of 


25 

the  buildings,  it  is  recommended  that  the  plot  of  ground 
three  hundred  and  ten  feet  by  two  hundred  and  sixty-three 
feet  in  extent,  lying  between  the  south  wall  of  the  Prison 
and  the  north  wall  of  the  State  Arsenal,  be  inclosed  by 
walls  similar  to  those  now  standing,  as  early  as  practicable, 
and  that  any  needless  portion  of  the  south  wall  of  the  present 
yard  be  removed,  except  the  portion  inclosing  the  female  de- 
partment. New  work  shops  might  then  be  erected,  either 
lor  carrying  on  again  some  branch  of  blacksmithing,  an 
extension  of  shoemaking,  or  such  other  labor  as  the  officers 
may  deem  best  suited  to  the  institution.  Another  block  of 
cells  could  be  erected  similar  to  that  now  called  ';  the  new 
wing,"  with  the  exception  that  the  cells  should  be  of  larger 
size.  In  this  work  the  prisoners  now  idle  could  be  profita- 
bly employed. 

I  also  recommend  to  the  Legislature  the  erection  of  a 
chapel,  either  in  connection  with  a  mess-room  or  in  an  added 
story  over  the  proposed  work  shops.  I  have  no  doubt  that 
it  will  prove  of  great  value,  not  only  as  a  much  needed 
place  of  social  worship,  but  also  for  the  improvement  of  the 
prisoners  by  instructive  lectures.  With  active  minds,  cut 
off  from  the  ordinary  interests  of  life,  many  of  the  convicts 
accept  with  gratitude  and  profit  by  opportunities  for  men- 
tal improvement.  If  the  instruction  has  to  be  separately 
communicated  to  each  prisoner  in  his  cell  it  will  be  seen 
how  tedious  must  be  the  labor.  Deprivation  of  the  privi- 
leges of  the  chapel  and  the  lecture  room,  to  those  guilty  ot 
any  violation  of  the  rules  in  them,  would  no  doubt  secure 
more  correct  deportment. 

The  attention  of  the  Legislature  is  also  called  to  the 
necessity  of  more  care  in  the  proper  treatment  of  habitual 
vagrants  and  drunkards,  and  persons  who  are  but  commenc- 
ing a  career  of  crime. 

The  indiscriminate  mingling  of  the  prisoners  in  our 
county  jails  without  employment,  is  felt  by  the  community 
to  be  so  demoralizing  that  many  offenses  which  ought  to  be 
noticed  go  unpunished.  At  the  same  time  many  persons 
are  sent  to  the  State  Prison  who  do  not  deserve  such  a  pen- 


53 

alty.  The  courts  are  often  in  a  dilemma,  hesitating  to  sen- 
tence persons  to  the  State  Prison  for  a  comparatively  venal 
offense,  but  in  the  absence  of  other  provision  they  must 
pursue  this  course  or  suffer  the  offender  to  escape  imprison- 
ment. The  State  Prison  is,  therefore,  crowded,  though 
Grand  Juries  often  refuse  te  indict  because  there  is  no 
proper  place  of  confinement.  It  is  in  view  of  these  facts 
that  I  suggest  the  establishment  of  a  House  of  Correction 
in  the  eastern  part  of  the  State.  I  do  not  know  on  what 
terms  Hudson  county  would  convey  her  prison  and  part  of 
the  grounds  at  Snake  Hill  to  the  State,  but  I  presume  that 
for  the  purposes  stated  the  freeholders  would  make  the  sale 
on  reasonable  terms.  A  commission  to  ascertain  on  what 
terms  a  suitable  site  can  be  obtained  and  to  digest  a  proper 
plan  for  its  establishment  and  government,  would  probably 
be  the  best  immediate  disposition  of  the  subject. 

I  therefore  request  of  the  Legislature  the  appointment  of 
a  suitable  commission  to  carry  out  the  view  expressed  herein 
as  to  the  House  of  Correction,  or  so  much  as  they  may  con- 
cur in — such  commission  reporting  their  recommendations 
to  the  next  Legislature  ;  or,  if  prompt  action  is  deemed  ex- 
pedient, to  recommend  a  plan,  and  expenditure  limited  in 
amount,  which  shall  be  considered  as  authorized  by  the 
State  whenever  the  Chancellor,  Chief  Justice,  Treasurer 
and  Comptroller,  or  a  majority  of  them,  shall  agree  thereto. 

Immediate  action  is  necessary  as  to  one  or  the  other  of 
the  plans  I  have  suggested,  to  enable  the  State  to  properly 
confine  the  large  and  rapidly  increasing  number  of  prisoners 
sentenced  by  the  courts,  and  ultimately  at  least  both  plans 
must  be  adopted,  or  others  of  like  character. 

Respectfully, 

THEODORE  F.  RANDOLPH, 

Governor. 
Recommendation  sustained. 


VETO  MESSAGE, 


Returning  with  Objections  the  Supplement  to 


The  Montelair  Railway  Bill 


VETO  MESSAGE. 


EXECUTIVE  DEPARTMENT,  ) 
March  31,  1869.        f 

To  the  Senate  and  General  Assembly  : 

I  herewith  return  without  my  approval  Senate  Bill  No. 
262,  entitled  "  A  supplement  to  an  Act  entitled  '  An  act  to 
authorize  certain  townships,  towns  and  cities  to  issue  bonds, 
and  to  take  the  bonds  of  the  Montclair  Railway  Company, 
approved  April  ninth,  Anmo  Domini  eighteen  hundred  and 
sixty-eight.  " 

All  of  my  objections  to  the  general  provisions  of  the  bill 
entitled  ;'  An  act  to  authorize  certain  townships  and  cities, 
in  the  county  of  Cumberland,  &c.,  to  issue  bonds,  and  take 
stock  in  the  Yineland  Railway  Company,"  expressed  in  my 
veto  message  of  that  bill,  dated  February  24th,  1869,  with- 
out repeating  them  here,  I  desire  to  and  do  assign  against 
the  bill  now  under  consideration. 

The  original  act,  approved  April  9th,  1868,  is,  in  my 
judgment,  a  signal  example  of  partial,  unjust  and  pernicious 
legislation.  Its  object  is  to  impose  on  certain  municipalities 
an  interest-bearing  debt,  "  not  exceeding  twenty  per  centum 
of  the  valuation  of  the  real  estate  and  landed  property  of 
such  township,  town  or  city."  That  debt  is  to  be  discharged 
in  twenty-five  years  after  contraction.  It  is  to  bear  interest 
at  seven  per  centum  per  annum,  payable  half-yearly. 

This  is  practically  a  legislative  transfer  to  the  Montclair 
Railway  Company,  in  the  name  and  under  the  guise  of  the 
taxing  power,  of  one-fifth  in  value  of  all  the  real  estate  in 
any  township,  town  or  city  through  which  the  railway  of 
that  company  may  pass. 
8 


58 

When  we  take  into  consideration  the  present  amounts  of 
city,  town,  township,  county,  state  and  United  States  tuxes, 
direct  and  indirect,  it  seems  to  me  that  we  cannot  fail  to  be 
alarmed  at  the  idea  of  burdening  any  of  our  people  by  in- 
voluntary taxation  amounting  to  the  confiscation,  perhaps, 
of  one-fifth  in  value  of  each  person's  real  estate  for  the 
benefit  of,  and,  practically,  as  circumstances  may  render  it, 
a  donation  to  a  private  railway  corporation.  If,  as  is  said, 
the  real  estate  of  Passaic  county,  under  the  present  bill  and 
the  original  act,  may  be  burdened  with  an  interest-bearing 
debt  of  seven  hundred  and  fifty  thousand  dollars,  for  the 
use  of  "  The  Montclair  Railway  Company,"  we  see  that  it. 
may,  and  most  likely  will,  in  twenty-five  years,  cost  the  real 
estate  owners  of  that  county,  to  discharge  that  debt  and  the 
interest  thereon,  not  less  than  two  millions  six  hundred  and 
twenty-Jive  thousand  dollars.  What  is  this  but  an  ini]»»i- 
tioii  on  private  individuals,  for  the  benefit  of  other  private 
interests  !  What  right  has  the  Legislature  of  New  Jersey, 
under  the  constitution  of  New  Jersey,  or  upon  any  princi- 
ple of  natural  justice,  to  transfer  the  private  property  of 
any  person,  without  his  consent,  to  the  private  use  of  an  v 
other  individual  or  corporation  ?  If  any  point  or  principle 
is  well  settled  in  New  Jersey,  it  is  that  the  private  property 
of  one  person,  without  his  consent,  even  with  compensation, 
cannot  be  transferred  to  the  ownership  or  use  of  any  other 
person  or  private  corporation. 

The  original,  and  this  act,  authorize  the  commissioners  of 
the  several  towns,  cities  and  townships  to  exchange  their 
bonds  for  bonds  of  the  Montclair  Railway  Company.  The 
proposition  to  make  such  an  exchange  implies  and  admits 
that  the  bonds  of  the  railway  company  can  in  no  other  wax- 
be  negotiated.  We  all  know  that  such  city,  town  and  town- 
ship bonds  do  and  must  command  a  low  price  in  the  IIKHH-V 
market.  When  we  find  the  Montclair  Railway  Company 
proposing  to  exchange  the  bonds  on  equal  terms  for  such 
municipal  bonds,  we  are  forced  to  the  conclusion  that  the 
bonds  of  that  company  are  considered  unmarketable.  This 
must  be  so,  because  no  part  of  the  railway  of  that  company 


59 

is  yet  constructed,  ;uid  no  definite  amount  of  paid  in  capital 
is  yet  assured. 

\VIiat  security,  if  any,  the  municipalities  will  obtain  from 
the  railway  company  is  uncertain.  Whatever  they  may  ob- 
tain is  to  be  discretionary  with  the  commissioners,  in  the 
nomination  of  whom  the  great  body  of  the  taxpayers  will 
have  no  voice.  In  the  original  act,  or  in  this  supplement, 
there  is  nothing  to  prevent  that  railway  company  from  mort- 
gaging its  road  and  all  its  property  to  other  creditors,  to 
the  practical  exclusion  of  the  municipalities  which  issue 
bunds  to  aid  it. 

For  the  bonds  to  be  issued  by  the  county  of  Passaic  no 
security  is  required  except  the  guarantee  of  the  "  New  York 
;ind  Oswego  Midland  Railway  Company."  lam  not  in- 
formed that  the  Legislature  of  New  York  has  ever  author- 
ized or  empowered  that  corporation  to  make  any  such 
guarantee.  If  it  has  not,  its  guarantee  will  be  null  and 
void.  If  it  has,  its  guarantee  as  to  value  depends  upon  con- 
ditions yet  unknown. 

The  original  act  provides  that  no  city,  town  or  township 
bonds  shall  be  issued  to  aid  the  Montclair  Railroad  Com- 
pany "  until  the  written  consent  of  persons  owning  or  re- 
presenting as  agent  or  president  at  least  two-thirds  of  the 
real  estate  and  landed  property  of  such  township,  town  or 
city,"  shall  be  obtained. 

.But  if  the  bonds  are  to  be  issued,  and  the  principal  and 
interest  thereof  paid  by  the  cities,  towns  and  townships 
ir-.-ning  the  same,  by  taxation  upon  all  real  estate  within  the 
bonded  municipality,  and  that  for  the  benefit  of  the  Mont- 
clair Railway  Company,  as  is  manifestly  the  case;  is  it  not 
a  palpable  and  unjust  violation  of  the  rights  of  those  real 
estate  owners  who  do  not  give  such  consent?  Is  it  not  tak- 
ing their  private  property  without  their  consent,  by  means 
of  the  sovereign  power  of  taxation,  for  the  benefit  of  a  rail- 
way company  \  Is  it  not  an  abuse  of  the  taxing  power  ? 
Whether  it  will  be  constitutional  to  impose  such  a  tax  is  a 
judicial  question.  That  it  is  repugnant  to  the  fundamental 
principles  of  justice,  is  too  obvious  to  need  elaboration. 


60 

In  my  judgment  the  original  act,  for  the  reasons  here 
stated,  and  for  many  other  reasons  which  appear  upon  the 
reading  of  it,  is  not  proper  to  be  extended  or  enlarged. 

The  original  act  does  not  permit  any  municipality  to  be 
involved  in  debt  or  taxed  "until  the  written  consent  of 
persons  owning  or  representing  as  agent  or  president  at  least 
two-thirds  of  the  real  estate  and  landed  property  in  such 
township,  town  or  city." 

The  presumption  is  that  such  consent  could  not  be  pro- 
cured, and,  therefore,  the  supplement  before  me  provides : 
"  That  whenever  the  written  consent  of  persons  owning  or 
representing  as  agent,  president,  or  otherwise,  a  majority 
oi  the  real  estate  and  landed  property  in  any  township, 
town  or  city  through  or  in  which  said  railway,  or  its 
branches,  shall  pass  or  terminate,  to  the  borrowing  of  money, 
as  in  said  act  is  authorized,  has  been  obtained,  if  such  con- 
sent and  affidavit  thereto  have  been  filed,  pursuant  to  said 
act,  or  shall  hereafter  be  tiled,  a  certified  copy  of  such  con- 
sent and  affidavit,  under  the  seal  of  the  clerk  of  the  county 
in  whose  office  the  same  shall  have  been  or  shall  be  filed, 
shall  be  conclusive  evidence  of  all  the  facts  in  said  consent 
and  affidavit  stated,  without  producing  the  originals,  and 
shall  not  be  invalidated  or  avoided  by  an  irregularity r,  omis- 
sion, or  defect  therein^  or  in  any  of  them" 

Now,  as  to  these  provisions  of  the  first  section  of  the  sup- 
plement, I  beg  to  have  the  Legislature  consider  two  points : 
1st.  Before  issuing  bonds  and  imposing  taxes  to  pay  them, 
what  consent  of  the  tax-payers  is  necessary  ? 

2d.  What  is  to  be  the  evidence  of  the  fact  that  the  requi- 
site precedent  consent  of  the  tax-payers  has  been  given? 

As  to  the  first  question,  this  supplement  makes  sufficient 
"kthe  written  consent  of  persons  owning  or  representing  as 
agent,  president  or  otherwise,  a  majority  of  the  real  estate 
and  landed  property  in  any  township,  town  or  city."  Who 
can  tell  the  meaning  of  the  words,  "  or  representing  as 
agent,  president,  or  otherwise?"  What  powers  and  duties 
must  an  agent  have  over  his  principal's  real  estate  to  au- 
thorize him  to  give  such  consent  ? 


61 

May  the  president  of  any  private  corporation,  without  the 
consent  and  authority  of  the  corporation  which  lie  repre- 
sents, be  authorized  to  consent  to  such  burdens  ?  Why  open 
such  a  door  to  fraud  and  impositions  upon  other  corpora- 
tions ?  What  is  meant  by  the  words  "  or  otherwise  ?" 
Properly,  those  words  should  include  nothing.  Practically, 
those  in  favor  of  involving  cities,  towns  and  townships  in 
debt  may  make  them  include  any  and  everything  they  may 
desire  and  need.  This  seems  to  be  the  purpose  of  this  sup- 
plement, because : 

As  to  the  evidence  of  the  consent  of  the  tax-payers,  it 
provides  that  "  if  such  consent  and  affidavit  thereto  have 
been  filed  pursuant  to  said  act  or  hereafter  shall  be  filed,  a 
certified  copy  of  sinh  consent  and  affidavit,  under  the  seal 
of  the  clerk  of  the  county  in  whose  office  the  same  shall 
have  been  filed,  shall  be  conclusive  evidence  of  all  the  facts 
in  said  consent  and  affidavit  stated  without  producing  the 
originals,  and  shall  not  be  invalidated  or  avoided  by  any 
irregularity,  omission  or  defect  therein,  or  in  any  of  them." 

According  to  this  provision  the  liability  of  any  municip- 
ality to  this  onerous  burden  of  debt  and  taxation  will  not 
depend  upon  the  fact  that  a  majority  in  value  of  the  real 
estate  owners  have  knowingly,  deliberately  and  without 
being  influenced  by  falsehood  or  fraud,  voluntarily  consented 
thereto  in  writing ;  but  upon  the  fact  that  one  person  has, 
or  two  persons  have,  whether  ignorantly,  corruptly  or  other- 
wise, made  an  ex  parte  affidavit.  If  an  affidavit  is  made 
the  debt  is  to  be  contracted  and  the  taxes  imposed,  no 
matter  what  the  irregularity,  omission  or  defect  of  the  affi- 
davit may  be. 

More  dangerous  legislation  has  never  fallen  under  my 
observation.  It  not  only  invites  perjury,  but  it  makes  it 
conclusive.  No  matter  how  mischieviously  or  wickedly 
false  the  affidavit  may  be,  this  act  makes  it  "  conclusive  evi- 
dence." 

I  feel  bound  to  assume  that  this  extraordinary  provision 
was  inserted  by  inadvertence.  If  so,  I  feel  certain  that  you 
will  be  glad  of  an  opportunity  to  correct  the  mistake.  If 


62 

the  promoters  of  the  bill  have  inserted  such  a  provision  by 
design,  then  I  cannot  doubt  but  that  yon  will  rejoice  at  an 
opportunity  to  expunge  and  rebuke  the  imposition. 

If  the  affidavit  be  ever  so  false  it  cannot  be  disputed  or 
disproved,  and  it  will  be  as  effectual  as  if  full  and  true  in 
every  respect.  The  whole  supplement  indicates  a  deter- 
mination to  impose  large,  heavy  and  long  continuing  taxes 
on  the  real  estate  within  certain  municipalities  for  the  bene- 
fit of  a  private  corporation,  regardless,  in  a  measure,  of  the 
consent  of  the  tax-payers,  and  in  violation  of  their  earnest 
and  most  strongly  urged  protests,  copies  of  which  I  remit 
herewith. 

If  the  Montclair  Railway  Company  should  be  aided  by 
taxes  imposed  upon  the  property  of  other  persons  and  cor- 
porations in  the  vicinity  of  their  railway,  why  should  not 
all  other  private  corporations  have  similar  aid  ?  Why  not 
the  great  and  creditable  locomotive  works  of  Paterson — the 
cotton  and  silk  and  other  manufactories?  Their  usefulness 
to  the  community  is  fixed  and  most  valuable.  Shall  their 
necessities,  if  any,  be  overlooked  ?  And  if  all  corporations 
have  such  aid,  how  are  the  people  to  bear  the  burdens  of 
taxation  consequent  thereon  ?  Will  it  not  be  impracticable 
and  ruinous  ? 

Objections  arc  suggested  by  almost  every  section  of  this 
supplement ;  but  without  alluding  to  them  further  in  detail, 
I  respectfully  invite  you  to  carefully  reconsider  it,  and  to 
arrive  at  such  conclusion  thereon  as  constitutional  rights, 
natural  justice,  and  wise,  impartial  public  policy  require. 

Respectfully, 

THEODOKE  F.  RANDOLPH, 

Governor* 

Veto  sustained. 


ANNUAL  MESSAGE 


To  the  Legislature,  Session  of  1870. 


ANNUAL  MESSAGE. 


EXECUTIVE  CHAMBER,       ) 
TRENTON,  January  llth,  1870.  j 


To  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey  : 

In  the  discharge  of  one  of  the  obligations  imposed  upon 
the  Executive  of  the  State,  I  have  the  honor  to  submit 
herewith  my  annual  message. 

The  trusts  confided  to  me  by  the  partiality  of  my  fellow 
citizens  have  received  such  attention  at  my  hands  as  their 
importance  demanded,  or  I  had  ability  to  give.  I  am 
largely  indebted,  however,  for  the  comparative  ease  with 
which  my  duties  have  been  performed  to  the  integrity, 
intelligence  and  hearty  co-operation  of  the  officers  in  every 
department  of  the  government  in  all  that  related  to  my 
own  labor  or  my  official  sanction  of  theirs. 

The  rigid  execution  of  the  laws  by  our  judiciary  has 
given  that  branch  of  the  service  great  honor,  and  the 
State  stands,  as  it  ever  has,  pre-eminent  for  its  adminis- 
tration of  justice.  Whatever  changes  time  may  indicate 
as  desirable  in  the  organic  law — and  none  seem  important 
now  to  be  made — I  trust  the  present  method  of  appoint- 
ing our  highest  judicial  officers  may  never  be  departed 
from.  What  is  now  our  glory  would,  under  the  elective 
system,  become  our  shame,  in  all  probability. 

It  is  a  source  of  personal  satisfaction  to  me,  as  you  may 
readily  understand,  that  the  legislative  department  of  the 
government  is  in  sympathy  with  my  political  belief.  But 


72 

from  which  I  gather,  for  your  information,  the  following 
statement  : 

STATE   FUND. 

Income $678,908  73 

Disbursements. $582,877  54 

Refunded  to  War  Fund 93,270  71 

Balance  in  Bank -.  .2,760  48 

$678,908  73 

It  will  be  observed  in  this  exhibit  that  the  receipts  of 
the  government  during  the  fiscal  year  (irrespective  of  the 
payment  made  by  the  state  fund  to  the  war  fund  for  a 
loan  made  prior  to  my  administration,  and  amounting  to 
ninety-three  thousand  two  hundred  and  seventy  dollars 
and  seventy-one  cents  ($93,270.71)  have  been  ninety-six 
thousand  and  thirty-one  dollars  and  nineteen  cents 
($96,031.19)  in  excess  of  the  expenditure.  From  this 
must  be  taken  sixty  thousand  dollars  ($60,000.00)  tem- 
porarily borrowed  from  bank  and  included  under  receipts 
leaving  the  real  excess  of  receipts  over  expenditures  for 
the  year,  thirty-six  thousand  and  thirty-one  dollars  and 
nineteen  cents  ($36,931.19). 

The  principal  items  comprising  the  income  of  the  State 
are  as  follows  : 

From  Tax  on  United  Companies $223,596  72 

"  State  Tax  of  1868 60,00000 

"  Dividend  on  Stock  of  Joint  Companies 28,870  00 

"  Rent  from  Morris  Canal  and  Banking  Company  for  Lands 

under  Water 25,000  00 

"  Amount  to  enable  United  States  Companies  to  improve 

Lands  under  Water 20,000  00 

"  Interest  on  Bonds  of  United  Companies 20,140  00 

"  Other  Sources 10,216  82 

"  Central  Railroad  of  New  Jersey 40,80::  Jl 

"  Morris  and  Essex  Railroad 39,82798 

'•  New  Jersey  Railroad  and  Transportation  Company 31,250  00 

"  Paterson  and  Hudson  River  Railroad  from  January  1, 

1863  to  January  1,1869 18,900  00 

"  Warren  Railroad 10,29525 

"  Other  Railroads 3,63279 


73 

Final  Payment  on  abolition  of  Transit  Duties 62,971  76 

From  Secretary  of  State  for  dues 23,404  20 

Special  Loans  from  Banks 60,000  00 


$678,908  73 


The  payments,   irrespective  of  the  amount  refunded  to 
the  war  fund,  have  been  for  the  purposes  enumerated  below  : 


DISBURSEMENTS. 

For  Printing  $69,057  24 

"  State  Prison 66.234  00 

"  Public  Schools 65,000  00 

"  Salaries  of  State  Prison 40,790  43 

"  Salaries  of  Judiciary 38,491  04 

"  Legislature 34,505  07 

"  State  Militia 29,763  03 

"  Salaries  and  Fees 26,388  16 

"  State  Reform  School *.. ,  25,000  00 

"  Transportation  and  Cost 24,759  46 

"  Lunatic  Asylum 23,509  76 

"  State  Prison  Improvement 20,372  49 

"  State  Prison  Repair 13,009  58 

"  Support  of  Blind 12,217  58 

"  State  House  Expenses 11,551  22 

"  Support  of  Deaf  and  Dumb 10,812  21 

"  Geological  Survey 10,325  33 

"  Normal  School 10,000  00 

"  Appropriations  and  other   items  of  expenditure,  as  per 

Treasurer's  report 51,200  34 

$582,877  54 

Add  amount  refunded  to  War  Fund $93,370  71 

"  balance  in  Bank 2,760  48 

96,031  19 


$678,908  73 

In  reviewing  the  items  from  which  the  State  derives  its 
principal  revenue,  it  will  be  observed  that  by  far  the  larger 
proportion  of  the  whole  amount  is  derived  from  taxation  in 
some  form  upon  comparatively  few  corporations,  whilst  a 
large  number  of  others  equally  or  better  able  to  contribute 
towards  its  revenues  are  non-paying. 
10 


74 

I  recommended  to  your  predecessors  the  abolition  of  all 
transit  duties  as  paid  by  corporations  of  the  State,  upon 
which  recommendation  prompt  and  favorable  action  was 
taken.  In  addition  to  the  expression  of  my  belief  that  the 
then  mode  of  obtaining  revenues  by  the  imposition  of  transit 
duties  was  inconsistent  with  the  spirit  of  our  people,  and 
witli  enlightened  experience,  1  suggested  that  a  system  of 
taxation  upon  corporations  more  universal  and  equitable 
could  be  readily  obtained.  A  review  of  our  sources  of 
income  will,  I  apprehend,  bring  your  honorable  bodies  to 
this  conclusion  also. 

To  maintain  the  various  benificent  and  other  institutions 
of  the  State,  provide  for  their  increase  of  capacity  and  ex- 
penditure, as  our  rapidly  growing  population  and  wants  de- 
mand, will  require  each  year  a  considerable  addition  to  the 
revenue  of  the  State.  It  is  not  proposed  to  diminish  the 
receipts  from  existing  sources  ot  income,  but  they  can 
scarcely  be  largely  increased  under  existing  laws,  and  ought 
not  to  be  at  all  whilst  equally  favored  corporations  seek  im- 
munity from  taxation  under  laws  that  are  amendable. 

I  beg  your  early  and  serious  attention  to  this  subject,  as 
under  the  exhibit  of  the  war  fund  I  shall  refer  to,  it  will  be 
seen  that  the  expenditures  amounting  to  nearly  one  hundred 
thousand  dollars  ($100,000j  per  year,  heretofore  met  by  that 
fund,  will  hereafter  be  mainly  chargeable  to  the  State  fund, 
inasmuch  as  the  payments  of  the  General  Government  are 
about  closed. 

The  disbursements  of  the  State  under  existing  laws  are 
necessarily  large,  and  although  the  tax  on  property,  or  per 
capita,  is  smaller,  perhaps,  in  New  Jersey  than  any  other 
State,  yet  our  duty  and  policy  call  upon  us  to  rigidly  exam- 
ine every  item  of  expenditure. 

The  amount  paid  for  the  printing  of  the  State  is  very 
large,  and  could  be  reduced  materially  by  restricting  the 
publication  of  the  laws  to  papers  of  established  circulation  ; 
by  publishing  local  laws  in  neighborhood  papers  only,  under 
the  systematic  direction  of  designated  State  officers ;  and  by 


75 

omitting  to  print  among  legislative  documents  hundreds  of 
pages  of  matter  useless  beyond  the  department  files. 

If  portions  of  the  moneys  now  almost  wasted  in  the  di- 
rections indicated  should  be  applied  by  the  Legislature  to 
the  employment  ot  competent  stenographers,  who  would 
give  to  the  press  full  and  accurate  reports  of  the  debates  upon 
important  questions,  both  the  press  and  the  public  would  be 
benefited,  and  a  volume  of  debates  each  session  might  be 
made  much  more  valuable  than  most  of  the  matter  now 
printed. 

I  shall  refer  elsewhere  to  the  expenditures  made  during 
the  year  for  the  State  Prison  department,  the  militia,  and 
the  institutions  for  the  care  of  disabled  soldiers.  It  is  suffi- 
cient to  say  these  expenses  of  the  State  have  been  or  are 
being  reduced 

The  disbursements  made  for  other  purposes  are  such  as 
have  been  customary  for  years,  and  will  not  be  materially 
changed  in  amount  the  present  year. 

WAR   FUND. 

The  receipts  of  the  war  fund  have  been  : 

From  State  Tax $290,000  00 

From  United  States 27,549  4o 

Refunded  from  State  Fund 93,270  71 

Balance  received  1869 5,012  97 


$415,833  13 
The  disbursements  have  been  : 

To  Soldiers'  Children's  Home $46,977  00 

To  State  Military 24,312  04 

To  Home  for  Disabled  Soldiers 17,886  36 

To  other  objects 2,230  92 

To  balance  State  Tax,  Tax  1868 33,000  00 

To  Commissioners  Sinking  Fund 290,000  00 

To  balance  November  80, 1869 1,426  81 


$415,833  13 

The  war  debt  has  been   decreased  ninety-nine  thousand 
nine  hundred  dollars   ($99,900)   within   a  year,   by  bonds 


76 

taken  up  by  the  Commissioners,  leaving  the  balance  of  war 
bonds  outstanding  November  30,  1800,  three  million  ninety- 
six  thousand  two  hundred  dollars  (S3,<i90.200),  and  at  this 
date,  one  hundred  thousand  dollars  ($100,000)  less,  being 
amount  due  and  paid  January  1,  1870. 

It  will  be  observed  that  the  State  has  been  able  to  obtain 
from  the  General  Government  the  sum  of  twenty-seven 
thousand  live  hundred  and  forty-nine  dollars  and  forty-live 
cents  ($27,549,45.)  Other  claims  to  a  small  amount  remain 
unpaid  and  will  be  pressed  to  settlement. 

Under  any  circumstances  the  receipts  of  the  State  from 
the  General  Government  will  be  both  small  and  uncertain, 
and  not  at  all  to  be  relied  upon  to  meet  the  certain  expen- 
ditures they  have  heretofore  helped  to  meet. 

As  has  been  shown,  the  cost  of  maintaining  the  State 
militia  and  the  homes  for  soldiers'  children  and  disabled 
soldiers  was  ninety-one  thousand  four  hundred  and  six  dol- 
lars and  thirty-two  cents  ($91,406,32),  in  18(59,  and  this 
entire  amount  was  taken  from  the  "  war  fund,"  and-conse- 
quently  not  directly  felt  by  the  tax-payers  of  the  State. 

The  present  expense  of  maintaining  the  militia  will  not 
be  reduced,  but  that  of  the  home  for  disabled  soldiers  may 
be  gradually  lessened,  while  the  cost  of  maintaining  the 
home  for  soldiers'  children  can  only  be  kept  where  it  is,  or 
lessened  by  a  revision  of  the  existing  law. 

GENERAL    FUNDS. 

I  transmit  the  annual  report  of  the  Commissioners  of  the 
Sinking  Fund,  to  which  attention  is  invited. 

After  paying  principal  and  interest  of  bonds  due  in  1869, 
they  held  assets  amounting  to  $1,044,929  92,  being  in 
excess  of  1868,  $68,527  22. 

I  consider  it  fortunate  that  this  branch  of  the  public  ser- 
vice should  have  been  committed  to  the  care  of  the  gentle- 

\3 

men  who  control  it.  Their  long  and  faithful  public  services 
in  other  departments  of  the  government  was  a  guarantee 
to  the  trust  reposed  in  them,  and  tUe  fidelity  and  zeal  with 


77 

which  they  have  managed  the  funds  entrusted  to  their  cure  as 
aprovision  for  the  liquidation  of  the  debt  of  the  State,  are 
worthy  of  all  commendation  and  deserves  much  greater 
acknowledgment  and  compensation  than  they  receive. 

At  first  their  duties  were  limited  merely  to  the  semi-an- 
nual payment  of  interest  on  the  state  debt,  and  the  por- 
tion of  the  principal  to  be  paid  annually;  but  they  were 
subsequently  charged  with  the  care  of  upwards  of  five  hun- 
dred thousand  dollars  (§500,000),  received  from  the  United 
States  in  part  payment  of  sums  advanced  for  it,  which  sum, 
with  its  accumulations,  they  have  wisely  deemed  it  proper 
to  invest  in  loans  to  the  people  of  the  State  secured  by 
rnortgages  on  real  estate.  This  naturally  occasions  a  great 
deal  of  care  and  labor  fur  which  the  present  compensatioii 
of  the  office  is  by  no  means  adequate.  I  feel  it  to  be  my 
duty,  therefore,  to  recommend  that  additional  compensation 
be  provided  for  the  services  of  the  commissioners,  with 
suitable  provisions  for  such  clerical  aid  as  they  may  require 

The  commissioners  are  desirous  that  a  committee  of  the 
legislature  be  appointed  to  examine  the  accounts,  vouchers 
and  securities  in  their  charge. 

The  outstanding  indebtedness  of  the  State  (war  fund)  on  the 

30th  of  November  1868,  was $3,096,200  00 

From  which  deduct  assets  in  hands  of  Commissioners 1,044,929  92 


Leaving  an  indebtedness  beyond  assets  of  the  Sinking  Fund 
of, $2,051,270  08 

The  bonds  of  the  State,  though  bearing  a  low  interest, 
comparatively,  sell  at  a  considerable  premium,  and  our 
financial  condition  may  be  deemed  satisfactor}'. 

SCHOOL    FUND. 

The  receipts  of  the  School  Fund  have  been $137,681  11 

Distributed  to  public  schools $100,000  00 

Invested  for  the  fund 28,393  44 

Balance  in  bank ,9,287  67 

$137,681  11 


The  aggregate  of  the  school  fund  is  now  live  hundred  and 
seventy  thousand  three  hundred  and  twenty-one  dollars  and 
seventeen  cents  ($560,891.17)  against  five  hundred  and  sixty 
thousand  seven  hundred  and  sixty  dollars  and  one  cent 
($560,760.01)  at  the  same  time  in  1868. 

The  agricultural  college  fund  now  amounts  to  one  hun- 
dred and  sixteen  thousand  dollars  (§116,000.)  The  proceeds 
of  interest  are  placed  in  the  hands  of  the  trustees  of  the  col- 
lege. 

The  library  fund  is  a^ery  meagre  one,  and  I  recommend 
some  small  additional  expenditure  in  this  department,  and 
the  necessary  authority  also  to  dispose  of  such  books  as 
may  not  be  needed,  or  are  undesirable. 

The  "  State  Fund  "  is  made  of  securities  had  and  owned 
by  the  State,  and  from  which  in  part  it  derives  its  annual 
revenue.  The  total  amount  of  it  is  one  million  six  hundred 
and  seven  thousand  three  hundred  and  seventy  dollars  and 
forty-four  cents  ($1,607,370.44,)  of  which  seven  hundred 
and  sixty-four  thousand  six  hundred  and  seventy  dollars  and 
forty-four  cents  ($764,670.44)  is  in  the  bonds  of  the  counties 
for  moneys  loaned  them  by  the  State  from  the  surplus 
revenue  fund  of  the  United  States  in  its  hands. 

Assuming  the  county  bonds  to  be  collectable,  and  therefore 
available  assets,  the  securities  of  the  State  in  the  Sinking 
fund  and  State  fund  together  amount  to  enough  to  pay  the 
entire  State  debt  of  every  description. 

RIPARIAN    COMMISSION. 

I  was  authorized  by  a  law  passed  at  the  last  session  rela- 
tive to  the  right  of  the  State  to  lands  under  water  to  ap- 
point commissioners  to  execute  its  provisions.  Mr.  Francis 
Lathrop,  Governor  Olden,  and  Judges  Vredenburgh  and 
Randolph  wei  e  appointed.  It  is  needless  to  say  that  they 
have  devoted  themselves  most  faithfully  to  the  performance 
of  their  duties,  as  their  very  valuable  and  interesting  report 
will  evince. 

The  great  benefit  the  State  will  derive  from  the  action  of 


79 

the  commissioners  may  be  approximately  estimated  when  its 
labors  up  to  this  time — notwithstanding  its  real  action  has 
been  retarded  by  various  causes  until  within  three  months 
past — show  an  amount  capitalized  for  the  benefit  of  the 
State,  for  the  sale  or  lease  of  lands  under  water,  equal  to, 
say,  five  hundred  thousand  dollars  ($500,000) — of  this,  fifty- 
one  thousand  five  hundred  dollars  (§51,500)  have  been  paid 
into  the  treasury  since  November  13th,  1869,  for  fees  of  land 
granted. 

The  remainder  of  the  four  hundred  and  fifty-thousand 
dollars  ($450,000,)  will,  under  the  law,  yield  the  State  an 
interest  equal  to  six  per  cent,  per  annum,  until  such  time  as 
the  lessees  desire  to  obtain  the  fee,  when  the  principal  must 
be  paid. 

Negotiations  are  in  progress  for  the  sale  or  lease  of  large 
additional  property,  and  I  hope  at  your  next  session  to  make 
a  most  favorable  report  of  the  advantages  of  the  law  to  the 
State.  To  those  owning  shore  front  the  law  will  ultimately 
—I  am  persuaded — prove  a  benefit,  as  it  has  already  done 
in  some  instances — enabling  property  to  be  sold  at  largely 
increased  prices,  because  a  way  had  been  provided  for  giving 
a  clear  and  absolute  title,  free  from  the  dispute  and  doubt 
which  has  heretofore  attached  itself  to  shore  property  in 
valuable  localities. 

It  will  not  escape  your  attention  that  suit  has  been  insti- 
tuted by  the  Attorney- General  of  the  State  of  New  York 
against  a  corporation  of  this  State,  in  which  the  superin- 
tending jurisdiction  of  New  York  is  asserted  up  to  low-water 
mark  on  our  shores,  and  any  erection  beyond  this  line  not 
authorized  by  the  State,  it  is  asserted,  may  be  declared  a 
nuisance  by  the  Courts  of  New  York,  and  be  within  their 
power  to  abate. 

It  is  not  believed  that  this  assumption  of  jurisdiction  is 
countenanced  by  the  more  sensible  and  learned  authorities 
of  our  sister  State,  but  has  been  instigated  and  carried  on 
by  the  restless  intermeddling  of  a  few  persons  to  whom 
notoriety  of  some  sort  is  essential. 

Nevertheless,  the  mere  statement  of  such  a  claim  under 


80 

official  sanction,  no  matter  how  produced,  indicates  its  pos- 
sible importance  and  should  be  promptly  met  by  New  Jer- 
sey, whenever,  if  ever,  the  assumption  is  sought  to  be 
enforced  by  the  decree  of  Federal  Courts. 

REVENUE   LAW. 

Under  an  act  of  the  Legislature  "  to  increase  the  revenue 
of  the  State,"  I  was  empowered  to  appoint  agents  to  carry 
out  the  provisions  of  the  act.  I  appointed  Mr.  John  Hood, 
of  Camden.  who  has  alone  fulfilled  all  the  duties. 

His  published  report  will  be  found  valuable,  statistically 
considered,  and  has  been  compiled  intelligently. 

Its  value  to  the  State  officers,  in  giving  in  concise  form  a 
needed  index  of  our  corporations,  will  be  very  great,  and  to 
your  bodies,  the  courts,  corporations,  and  people  of  the 
State,  it  will  be  worth  largely  beyond  its  cost. 

The  number  of  corporations  created  by  the  State  since  the 
formation  of  the  government  will  surprise  most  of  our 
people,  and  the  subjects  embraced  as  worthy  of  incorpora- 
tion give  instructive  food  for  reflection. 

By  far  the  larger  number  of  acts  of  incorporation  have 
occurred  within  a  few  years  past,  and  a  most  suggestive  ar- 
gument in  favor  of  the  general  laws,  recommended  elsewhere 
in  this  message  may  be  had  by  reference  to  the  report  of 
the  Revenue  Department. 

I  recommend  the  revision  of  the  existing  law,  so  that  all 
institutions  of  religion  and  charity,  banks  of  savings  for  the 
poor,  and  other  corporations  intended  for  simple  beneficence, 
may  be  exempted  from  its  provisions. 

Some  ot  our  most  enterprising  and  liberal  citizens,  en- 
gaged in  corporate  enterprises,  deem  the  selection  of  corpo- 
rations as  objects  of  special  taxation  a  hardship  and  injustice, 
and  it  is  asked  by  them  "  why  corporations  should  be  taxed 
upon  their  net  income,  whilst  individuals  engaged  in  the 
same  pursuits,  perhaps,  are  exempted  from  special  assess- 
ment." 

It  is  answered  that  corporations  have  for  their  members 


81 

a  privileged  class  of  citizens,  who,  under  sanction  of  gen- 
eral or  special  laws,  are  permitted  to  do  those  things  which, 
as  ordinary  citizens,  they  could  not  do. 

As  bodies  corporate  they  may,  for  their  direct  advantage, 
take  and  possess  lands,  not  at  the  owners'  valuation,  but 
upon  appraisement ;  they  may  occupy  lines  of  travel  and 
transportation,  not  only  to  their  advantage,  but  to  the  detri- 
ment of  existing  ones  ;  their  capital,  unlike  that  ot  the  indi- 
vidual, has  an  almost  double  value,  inasmuch  as  the  stock 
issued  to  represent  it  is  in  itself  the  basis  of  loan  for  an 
amount  nearly  equal  to  its  value.  Under  corporate  protec- 
tion, capital  frequently  obtains  immunity  from  full  taxation, 
because  of  provisions  in  charters  liberally  interpreted  by 
the  corporate  officers,  or  by  complacent  assessors. 

Lastly  :  the  capital  which  individuals  may  propose  to 
invest  in  a  given  business  is  not  the  full  measure  of  per- 
sonal responsibility,  for  failure  or  misfortune  renders  the 
individual  liable  for  all  debts  and  obligations  which  the 
business  may  have  brought  about,  whilst  in  the  case  of 
invested  values  in  corporations  the  liability  is  in  nearly  all 
cases  limited  to  the  amount  actually  invested.  Thus  the 
State  grants,  as  only  the  State  can  grant,  peculiar  privi- 
leges and  exemptions  to  a  class  of  persons,  or  perhaps  more 
properly  stated,  to  capital,  which  it  does  not  and  should  not 
extend  to  individual  citizens. 

I  need  scarcely  add  the  notorious  fact,  that  nearly  the 
whole  of  the  legislative  time,  with  its  heavy  attendant  cost 
to  the  people  of  the  State,  is  taken  up  by  the  wants  or  de- 
mands of  private  corporations  ;  and  it  is  perfectly  safe  to 
say  that  one-half  of  the  time  of  all  the  higher  courts,  with 
the  costs  incidental  thereto,  to  sav  naught  of  the  delav  to 

v  o  «/ 

individual  litigation,  is  made  up  by  contests  between  cor- 
porations, or  where  corporations  are  a  party  thereto  ;  the 
results  of  which  are  rarely  of  importance,  as  touching  the 
rights  of  the  great  body  of  the  people. 

That  corporations  are  most  useful,  properly  guarded  in 
their  powers,  and  that  to  the  capital  aggregated  under  their 
11 


82 

special  privileges,  nowise  else  to  be  obtained,  perhaps — the 
greatest  advantage  to  the  State  and  its  people  have  been 
had,  no  sensible  person  will  dispute. 

It  is  claimed,  however,  that  for  the  reasons  assigned,  and 
others  equally  obvious,  under  the  pressing  necessities  of  the 
State  for  larger  revenues,  these  objects  of  its  creation  and 
continued  fostering  care  should  be  required  to  pay  of  their 
ascertained  profits  a  small  per  centage  to  the  State. 

Little  hardship  accrues,  for  if  they  make  nothing  they 
pay  nothing ;  and  in  this  respect,  as  in  most  others,  the 
revenue  law  of  New  Jersey  is  in  marked  and  favorable 
contrast  with  similar  laws  in  other  States.  I  question  if 
any  State  places  as  light  an  imposition  of  taxes  upon  its 
general  corporations  as  New  Jersey. 

It  may  be  asserted  that  the  tendency  of  the  law  will  be 
to  drive  capital  from  this  to  other  States.  I  assert,  without 
fear  of  intelligent  contradiction,  that  the  States  of  New 
York  and  Pennsylvania,  which,  by  proximity  to  the  great 
centres  of  trade,  are  our  chief  competitors  for  capital  seek- 
ing investment  in  the  business  done  under  the  corporation 
effected,  place  a  heavier  impost  on  their  corporations,  by 
one  process  or  another  than  New  Jersey  has  ever  done,  or 
will  ever  desire  to  do. 

We  possess  peculiar  advantages  in  every  respect  for  cor- 
porate enterprise,  and  it  is  the  right,  as  it  is  the  duty  of  the 
State,  to  avail  itself  reasonably  of  its  advantages. 

A  large  number  of  corporations,  seeking  to  avail  them- 
selves of  our  liberal  grant,  or  desiring  the  confessed  protec- 
tion of  our  courts,  or  purposing,  perhaps,  the  evasion  of  im- 
posts elsewhere,  have  their  capital,  labor  and  interest 
entirely  beyond  our  limits.  Surely  they  might  justly  be  re- 
minded of  the  power  that  created  and  protects  them,  with- 
out trespass  upon  their  rights. 

When  the  returns  from  the  various  corporations  of  the 
State  are  fully  had,  it  is  not  improbable  they  will  be  found 
so  large  in  the  aggregate  as  to  enable  the  Legislature  to  fix 
a  rate  of  taxation  that  none  can  fairly  complain  of. 


83 


GENERAL    LAWS. 

I  am  especially  desirous  that  a  system  of  General  Laws, 
under  which  almost  every  form  of  special  legislation  could 
be  brought,  should  be  adopted  in  this  State,  as  it  has  been 
in  practice  in  many  other  States.  It  is  only  necessary  to 
glance  at  the  volume  of  laws  for  1869  to  appreciate  the 
existing  evil.  Over  six  hundred  acts  of  the  Legislature 
appear,  making  sixteen  hundred  pages  of  printed  matter, 
published  at  an  enormous  cost,  not  only  in  book  form,  but 
in  nearly  every  newspaper  in  the  State. 

The  damage  to  business  interests  by  reason  of  the  uncer- 
tainty which  pertains  to  the  legislation  of  the  State  where 
acts  are  had  at  one  session,  and  supplements  are  obtained 
thereafter,  is  considerable,  hazarding  capital,  as  it  does,  and 
rendering  it  timid  of  investment  under  variable  legislation. 

None  of  your  members,  experienced  in  legislation,  but 
will  agree  with  me,  that  most  important  action  to  the  great 
body  of  the  people  is  frequently  sacrificed  by  the  importunity 
and  vigor  with  which  private  legislation  is  ever  pressed. 
It  is  now  a  serious  work  to  read  the  bills  presented  to  your 
bodies.  Is  it  a  wonder  that  they  occasionally  fail  to  receive 
proper  consideration  at  your  hands  ?  and  if  it  be  too  serious 
a  labor  for  each  member  to  deliberate  upon  the  separate 
bills  passed  upon,  can  it  be  expected  that  the  Executive, 
pressed  by  other  duties,  and  limited  in  time,  by  the  consti- 
tution, for  the  consideration  of  legislative  acts,  should  some- 
times fail  to  detect  the  errors  or  wrongs,  that  have  escaped 
the  wisdom  and  examination  of  your  members. 

Nearly  all  manufacturing  associations,  benevolent  and 
religious  societies,  social  and  literary  clubs,  land  and  build- 
ing associations,  turnpike  companies,  and  other  acts  of 
incorporation  could  be  grouped  within  the  compass  of  a  few 
general  laws,  and  infinite  cost,  trouble  and  vexation  saved 
to  the  legislature,  courts,  people  and  Executive. 

If  my  suggestions  meet  your  approval,  it  will  be  neces- 
sary, of  course,  to  prepare  and  pass  the  general  laws  at  an 
early  period  of  the  session. 


84 


STATE    PRISON. 

At  the  last  session  of  the  Legislature,  attention  was 
directed  to  the  unsatisfactory  condition  of  the  management 
and  affairs  of  the  State  Prison. 

The  members  of  both  political  parties  united  in  an  earnest 
effort  to  enact  a  law  which  would,  to  the  greatest  extent 
practicable  under  constitutional  restrictions,  remedy  the 
palpable  evils.  It  is  extremely  gratifying  to  be  able  to  state 
that  the  law,  as  passed,  has  met  with  complete  success,  and 
the  prison,  both  as  to  the  management  of  convicts  and 
financially  considered,  is  in  a  most  favorable  condition. 

Next  to  the  power  conferred  by  the  law,  this  result  is 
entirely  due  to  the  intelligent  and  faithful  administration 
of  the  officers  appointed.  The  Board  of  Supervisors  have 
given  their  best  efforts  to  success,  and  the  principal  Super- 
visor, Col.  Murphy,  has  not  only  brought  a  peculiar  fit- 
ness to  bear  in  the  discharge  ot  the  duties  of  his  office, 
but  has  been  met  with  cordial  and  sincere  co  operation 
from  the  Keeper  of  the  Prison.  Both  these  officers 
deserve  special  credit  lor  their  disentanglement  of  the 
wretched  condition  of  the  department,  as  found  by  them. 

The  value  of  a  capable  administration  of  this  depart- 
ment cannot  be  had  by  any  statement  the  limit  of  this 
message  will  permit,  and  feeling  that  injustice  may  be 
done  by  a  partial  reference,  that  may  prevent  the  full  ex- 
amination of  the  reports  of  the  prison  officers,  I  shall 
abstain  from  any  extended  allusions.  I  urge,  however, 
your  members  and  the  people  to  carefully  read  the  reports 
in  detail. 

It  should  be  stated  that  the  receipts  from  prison  labor 
are  much  smaller  than  will  be  those  for  the  same  period 
hereafter,  inasmuch  as  a  much  more  favorable  contract 
for  the  prison  labor  has  been  made.  The  new  workshops 
are  nearly  ready  for  occupancy,  and  the  convicts  are  in  a 
better  state  of  discipline. 

The   expenses,  too,  under  present  management,  will  be, 


85 

as  they  have  been  of  late  months,  largely  reduced,  and  it 
is  anticipated  that  for  the  first  time  in  many  years,  no 
appropriation  for  the  care  of  convicts  will  be  required 
from  the  State. 

Under  a  provision  of  the  law  the  Supervisors  contracted 
for  and  have  had  built  a  large  workshop,  adjoining  the 
prison.  Its  entire  cost  will  be  about  forty  thousand  dol- 
lars ($40,000),  and  I  believe  the  whole  amount  of  cost 
will  be  returned  to  the  State,  within  two  years,  by  the 
increased  product  of  convict  labor.  Upon  the  occupancy 
of  this  building  the  old  ones  will  be  taken  away,  and  the 
work  for  the  erection  of  the  new  wing  of  the  prison  begun 
as  authorized  by  your  predecessors. 

Until  this  increased  accomodation  for  prisoners  be 
obtained,  a  large  number  of  them  must  from  time  to  time 
be  discharged  before  the  expiration  of  their  time  of  ser- 
vice. The  Court  of  Pardons  has  been  compelled  to  release 
convicts,  mainly  those  convicted  of  minor  offences,  because 
the  prison  would  not  contain  all  who  were  sent. 

Our  proximity  to  New  York  and  Philadelphia,  coupled 
with  the  fact  that  our  courts  firmly  execute  the  laws,  will 
always  give  our  prisons  an  unusual  number  to  care  for. 

The  discipline  of  the  prison  is,  of  course,  of  the  highest 
importance  for  the  safe  keeping  of  convicts,  and  the 
advantage  from  their  labor.  No  cruel  or  unusual  punish- 
ment is  resorted  to,  but  insubordination  is  firmly  and 
promptly  met  and  controlled,  and  it  has  come  to  be  under- 
stood that  whilst  every  effort  that  kindness  will  prompt 
toward  reform  is  extended,  the  fact  is  not  lost  sight  of 
that  the  law  contemplates  {prison  life  as  a  punishment  for 
infractions  of  its  righteous  provisions. 

REFORM    SCHOOL. 

The  managers  of  this  institution,  known  as  among  our 
most  intelligent  and  worthy  citizens,  have  given  an  earn- 
estness to  their  labor,  that  only  disinterestedness  and  noble 
purpose  could  obtain.  To  the  State  a  large  advantage  is 


86 

had  in  placing  useful  criminals  by  themselves,  where 
systematic  effort  is  made  for  their  reform  and  education, 
and  to  the  boys  who  arc  thus  cared  for  and  protected,  the 
advantages  can  scarcely  be  measured. 

In  commending  this  growing  institution  to  your  consider- 
ation and  support,  I  feel  sure,  judging  from  the  results 
already  had,  the  State  will  reap  advantages,  pecuniarily  as 
well  as  morally,  and  that  no  expenditure  heretofore  made 
for  this  institution  has  in  any  degree  been  lost  to  the  State. 

A  number  of  the  inmates,  after  remaining  a  sufficient 
time  to  establish  the  fact  of  their  reform,  have  been  placed 
at  occupations  under  indenture,  that  already  give  full 
promise  of  making  them  useful  and  intelligent  citizens.  I 
sincerely  believe  our  State  Prisons  would  not  have  half  their 
present  inmates  had  the  system  of  Reform  Schools  in  all  the 
States  been  adopted  }'ears  ago.  You  will  find  the  managers' 
report  interesting  and  instructive. 

LUNATIC    ASYLUM. 

I  beg  to  call  especial  attention  to  the  report  of  the  man- 
agers of  the  Asylum  for  the  insane.  As  no  class  of  unfor- 
tunate people  commend  themselves  more  tenderly  to  the 
protection  of  the  State,  so  should  our  efforts  for  their  care 
and  comfort  be  measured. 

That  a  policy  must  now  be  defined  by  the  State,  as  to  the 
number  and  class  of  insane  persons  it  will  extend  its  care 
toward,  is  obvious  from  an  examination  of  the  condition  of 
the  institution. 

Should  those  who  are  deemed  incurable  be  deprived  of  the 
advantages  of  the  institution,  then  the  accommodations  are 
sufficiently  large.  The  hardship  that  would  ensue  from  such 
a  decision  is  plainly  set  forth  by  the  managers,  and  I  agree 
with  them  that  the  State  would  evince  in  such  action  a 
retrogressive  spirit,  in  strong  and  unfavorable  contrast  with 
its  previous  policy. 

With  a  view  to  the  most  enlightened  and  humane  action 
upon  the  part  of  the  State  toward  its  insane  of  all  classes,  I 


87 

recommend  your  bodies  to  instruct  the  joint  committee 
usually  appointed  to  investigate  the  affairs  of  the  Asylum, 
to  have  an  early  and  full  conference  with  the  managers  and 
superintendent,  to  the  end  that  the  best  information  be  had 
and  the  promptest  action  taken. 

I  will  be  glad  to  render  such  assistance  in  the  matter  as 
my  investigations  and  thought  have  suggested,  believing 
that  an  acceptable  solution  of  the  difficulty  is  within  the 
ability  of  the  State. 

The  number  of  patients  under  treatment  during  the  year 
wa>  seven  hundred  and  sixty-eight  (768),  ot  whom  seventy- 
one  (71)  were  discharged  as  recovered,  fifty-eight  (58)  dis- 
charged as  improved,  and  sixteen  (16)  discharged  as  unim- 
proved. 

The  whole  number  of  patients  received  from  the  opening,  in 
1845,  to  this  time,  has  been  thirty-four  hundred  and  ninety- 
nine  (3,499),  and  of  these  thirteen  hundred  and  twenty-one 
(1,321)  have  been  discharged  as  recovered.  The  total  receipts 
for  the  year,  as  stated  in  detail  in  the  report,  have  been  one 
hundred  and  forty-seven  thousand  one  hundred  and  filty- 
nine  dollars  and  forty-six  cents  ($147,159.46),  and  the  ex- 
penditures, one  hundred  and  forty-four  thousand  nine  hun- 
dred and  eleven  dollars  and  sixty-eight  cents  (144,911.68), 
leaving  two  thousand  two  hundred  and  forty-seven  dollars 
and  seventy-eight  cents  ($2,247.78)  as  the  balance  in  hand. 

Of  .the  total  receipts,  twenty-two  thousand  three  hundred 
and  twenty-two  dollars  and  twenty-seven  cents  ($22,322.27) 
have  been  had  from  the  treasury  of  the  State,  the  residue 
from  counties  and  pay  patients. 

GEOLOGICAL    SURVEY. 

I  am  convinced  of  the  great  importance  of  this  work  to 
the  State,  and  if  our  people,  especially  in  the  agricultural 
and  mining  districts,  will  carefully  read  the  report  of  the 
commissioners  for  the  year  past,  they  will  be  surely  repaid. 

That  portion  of  the  report  referring  to  the  reclamation  of 
the  large  body  of  land  that  should  be  drained  by  the  upper 
Passaic  river,  I  call  your  especial  attention  to.  If  an  ex- 


88 

penditure  of  less  than  ten  thousand  dollars  ($10,000)  will 
render  available  for  the  best  fanning  purposes  seventy-five 
thousand  acres  of  land,  now  almost  useless,  and  at  times  un- 
healthy, and  will  also  add  in  value  a  million  of  dollars  to 
the  taxable  property  of  the  State,  our  policy  is  clear. 

Yery  interesting  information  is  also  given  of  the  progress 
made  in  reclaiming  the  great  salt  marshes  of  the  State,  and 
of  their  productiveness  when  reclaimed. 

The  statistics  given  with  reference] to  the  fertilizing  quali- 
ties of  the  New  Jersey  marls  should  be  read  by  every  fanner 
in  the  State. 

AGRICULTURAL    COLLEGE    AND   RUTGERS    SCIENTIFIC    SCHOOL. 

A  steady  and  permanent  progress  is  had  by  these  institu- 
tions, and  their  condition  is  reported  as  being  well  advanced 
beyond  former  years. 

The  graduates  of  the  scientific  school  have  found  prompt 
employment  upon  the  completion  of  their  studies,  and  in 
nearly  every  instance  have  been  retained  within  the  State. 

The  faculty  of  the  school  is  composed  of  gentlemen  of 
culture  and  position,  and  there  is  little  doubt  but  the  insti- 
tution will  quickly  rank  the  first  in  the  country  of  its  kind, 
as  it  certainly  ranks  among  the  first  now. 

The  agricultural  department  of  the  college  is  appreciated 
to  a  considerable  extent  by  those  more  directly  interested  in 
agricultural  affairs,  but  all  the  advantage  our  people  could 
derive  from  the  knowledge  and  labor  bestowed  upon  this  de- 
partment are  not  fully  had,  I  fear.  The  lectures  of  Prof. 
Cook,  delivered  in  the  different  counties  of  the  State,  should 
be  more  widely  heard  and  read. 

State  pride  and  personal  and  pecuniary  advantages  are  all 
involved  in  the  prosperity  of  the  agricultural  college. 

DEPARTMENT   OF    PUBLIC    INSTRUCTION. 

A  minute  statement  of  the  affairs  of  this  department  will 
be  furnished  to  you,  and  I  shall  omit  any  extended  reference 
to  them,  as  the  report  came  into  my  hands  at  a  late  hour. 


89 

The  total  amount  received  from  various  sources  for  the 
support  of  public  education  during  1869,  was  one  million 
five  hundred  and  fifty-three  thousand  three  hundred  and 
thirty-five  dollars  and  seventy  five  cents  ($1,553,335.75),  of 
which  the  State  furnished  ninety-nine  thousand  eight  hun- 
dred and  fifteen  dollars  and  thirty-five  cents  ($99,815.35)  : 

From  State $99,815.35 

Township  School  Tax 423,868.86 

District  School  Tax 915,354.39 

Surplus  Revenue 27,539.46 

Tuition  Fees  Collected 75,557.69 

Appropriation  Normal  School 11.200.00 


$1,553,335.75 

It  will  be  seen  that  the  amount  of  nine  hundred  and  fif- 
teen thousand  three  hundred  and  fifty-four  dollars  and 
thirty  nine  cents  ($915,351.39)  was  voluntarily  raised  by 
district  taxes,  and  devoted  to  the  purpose  of  district  schools 
and  the  building  of  school  houses.  The  imposition  of  the 
district  school  tax  is  a  new  feature  in  our  system,  and 
although  in  operation  but  a  short  time  already  contributes 
more  than  double  the  amount  the  township  tax  yields. 

The  report  shows  that  a  very  large  proportion  of  the 
children  of  the  State,  of  really  proper  age  to  send  to  school, 
are  now  in  attendance,  either  upon  public  or  private  schools. 

The  cost  of  education  under  the  present  system  seems  to 
be  very  moderate,  being  only  four  dollars  and  thirty-one 
cents  ($1.31)  per  year  for  eacb  child  in  attendance.  Of  this 
amount  only  ten  cents  per  pupil  is  chargeable  to  other  ex- 
penses than  teachers'  salaries. 

The  sum  of  four  hundred  and  eighty-six  thousand  eight 
hundred  and  ninety-six  dollars  and  ninety  cents  ($186,896.90) 
voted  during  the  year,  for  the  purpose  of  building  and  re- 
pairing school  houses,  making  for  the  year  1868  and  1869 
the  total  sum  of  one  million  two  hundred  and  ninety-three 
thousand  four  hundred  and  seventy-seven  dollars  and  ninety- 
six  cents  ($1,293,477.96)  voted  for  these  objects.  This  is  a 
large  sum  for  our  inhabitants  to  voluntarily  impose  upon 
12 


90 

themselves,  and  is  perhaps  the  best  indication  to  be  had 
of  their  earnest  purpose  to  have  New  Jersey  rank  among 
the  first  of  States  in  all  that  pertains  to  educational 
facilities. 

NORMAL    SCHOOL. 

Aside  from  the  usual  interest  manifested  by  our  people 
in  the  welfare  of  the  Normal  School,  the  report  of  the  trus- 
tees will  be  read  with  unusual  interest  this  year,  giving  as 
it  does,  a  brief  summary  of  the  meetings  held,  under  the 
auspices  of  the  Normal  School  authorities,  by  the  various 
national  bodies,  who  convene  annually,  to  forward  the  cause 
of  education. 

It  is  said  that  no  such  gathering  of  eminent  persons  en- 
gaged in  educational  pursuits  has  ever  taken  place  before  in 
the  United  States,  and  the  result  of  their  conferences  can- 
not fail  of  good. 

If  special  training  be  necessary  to  qualify  teachers,  and 
it  is  now  admitted  that  this  is  true,  and  that  no  aptitude 
will  take  the  place  of  training,  then  the  results  of  the  Nor- 
mal School  labor  equal  those  of  any  department  of  the  State, 
cost  considered. 

STATE   MILITIA. 

The  condition  of  the  militia  of  the  State,  and  of  the 
arms,  &c.,  will  be  gained  from  the  fall  reports  of  the  Adju- 
tant General  and  the  Quartermaster  General,  now  trans- 
mitted. 

Under  the  law  passed  at  the  last  session  of  the  legisla- 
ture, the  National  Guard  of  the  State  was  organized  in 
April  last,  and  the  cost  for  the  nine  months  has  been 
eighteen  thousand  eight  hundred  and  eighty-three  dollars 
and  ninety-one  cents  ($18,883.91).  This  amount  is  largely 
in  reduction  of  the  cost  of  the  militia  under  the  old 
law,  and  the  troops  it  is  conceded,  are  in  a  better  state  of 
discipline  and  proficiency  than  ever  before.  The  parade  of 
the  First  Brigade,  at  Newark,  during  the  fall,  attested 
this  fact,  and  was  most  creditable  in  every  respect.  The 


91 

amount  placed  in  the  State  Treasurers  report  as  the  ex- 
pense of  maintaining  the  militia  of  1£69,  will  be  found 
larger  than  the  cost  named  above.  Two  reasons  are  to  be 
assigned  for  the  apparent  discrepancy — the  first  being  that 
the  expense  of  the  National  Guard  is  for  nine  months 
only — and  the  second  and  most  important  reason  arises  from 
the  payment  during  1869  of  a  large  indebtedness  that  pro- 
perly belonged  to  1868. 

The  quartermaster's  report  will  show  as  usual,  the  num- 
ber and  condition  of  the  arms  and  accoutrements  belonging 
to  the  State. 

SOLDIERS'   CHILDREN'S   HOMK. 

This  institution  has  within  its  care  one  hundred  and 
ninety-three  (193)  children  of  soldiers.  Of  these  Mercer 
county  sends  thirty-five  (35),  Essex  county  twenty-nine  (29), 
"Warren  county  twenty-six  (26),  Burlington  county  fifteen 
(15\  Hunterdon  county  fourteen  (14)  Mon mouth  county 
thirteen  (13),  and  Middlesex  and  Gloucester  counties  each 
eleven  (11)  making  in  all  one  hundred  and  fifty-four  (154) 
children  sent  from  eight  counties  ;  the  other  thirty-nine  (39) 
children  come  from  the  remaining  thirteen  counties. 

Within  the  year  twenty-one  (21)  children  have  been  re- 
moved by  their  mothers ;  two  (2)  have  died,  and  one  (1) 
has  left  the  institution,  having  reached  the  age  prescribed 
by  law. 

The  total  cost  of  providing  for  the  institution  was  thirty- 
one  thousand  five  hundred  and  fifty-four  dollars  and  forty- 
one  cents  (§31,554.41)  for  the  year,  or  taking  the  average 
number  of  those  provided  for,  equal  to  an  annual  cost  of 
about  one  hundred  and  fifty  dollars  ($150)  per  inmate. 

The  institution,  since  its  construction,  has  given  shelter 
and  support  to  a  large  number  of  children  to  whom  the 
States  owes  an  especial  protection,  and  it  has  received  the 
generous  and  constant  aid  of  philanthropic  men  and  wo- 
men. It  fails,  perhaps,  in  training  the  children  to  employ- 
ments which  will  fit  them  for  the  practical  duties  of  life. 

The  older  children  should  occupy  the  last   year  or  two 


92 

of  their  retention  in  being  taught  the  rudiments,  at  least, 
of  some  useful  occupation,  and  direction  thus  be  given  to 
their  minds  and  energies. 

The  managers  exercise  every  disposition  to  co-operate 
with  the  authorities  in  making  the  home  comfortable  and 
beneficial,  and  will  be  glad  to  assist  in  any  plan  the  Legis- 
lature may  direct  to  enlarge  the  usefulness  of  the  Insti- 
tution. 

That  justice  may  be  had  by  other  institutions,  within  the 
care  of  the  State,  I  recommend  the  Legislature  to  fix  the 
amount  upon  which  the  managers  of  the  Soldiers'  Children's 
Home  may  draw  the  present  year. 

HOME   FOR   DISABLED    SOLDIERS. 

The  institution  is  still  maintained  at  Newark,  although 
the  aid  heretofore  extended  to  it  by  the  Federal  Govern- 
ment has  been  entirely  withdrawn.  Should  it  be  kept  up, 
the  State  must  bear  the  whole  expense  hereafter. 

Asylums  for  disabled  soldiers  are  established  at  various 
points  in  other  States,  and  maintained  at  the  cost  of  the 
United  States,  and  to  these  all  disabled  soldiers  may  go,  and 
be  retained  and  well  provided  for. 

All  the  States  except  New  Jersey,  I  believe,  have 
caused  their  disabled  soldiers  to  be  removed  to  these 
National  Asylums,  and  thus  saved  the  expense  of  their 
maintenance.  Had  our  State  the  'neans  to  spare,  I  should 
unhesitatingly  recommend  the  Legislature  to  make  appro- 
priations for  the  care  of  our  own  unfortunate  soldiers,  but 
in  view  of  ample  and  comfortable  provisions  being  provided 
elsewhere  for  them,  and  in  view  of  urgent  demands  made 
upon  our  resources  by  other  necessary  and  charitable  insti- 
tutions, I  think  legislation  should  look  to  a  closing  of  the 
Home. 

A  considerable  number  of  soldiers  that  have  been  in- 
capacitated for  labor,  receive  through  the  funds  of  the 
"  Home "  a  fixed  stipend,  and  for  this  class  of  unfortu- 
nate persons,  residing  with  their  friends,  provision  should 


93 

be  made  by  the  State  as  heretofore,  when  the  Home  is 
closed. 

The  present  Board  of  Managers  are  especially  qualified 
to  decide  among  our  disabled  soldiers  to  whom  and  to  what 
extent,  under  given  restrictions,  the  obligations  of  the  State 
are  due,  and  I  recommend  that  this  power  be  continued 
with  them. 

The  entire  cost  of  the  institution  for  1869,  was  thirty- 
six  thousand  two  hundred  and  thirty-nine  dollars  and  twen- 
ty-three cents  ($36,239.23),  the  average  number  of  patients 
being  two  hundred  and  sixteen. 

STATE    CHARITIES. 

The  deaf  and  dumb,  blind  and  feeble  minded  persons  of 
the  State,  soliciting  its  aid,  are  cared  for,  as  is  known,  in 
institutions  of  other  States. 

The  number  is  about  the  same  as  in  1868,  and  they  are 
placed  under  such  care  as  to  insure  them  comfort  and  health, 
and  the  greatest  improvement  their  condition  renders  them 
capable  of. 

Our  State  has  been  paying  a  less  sum  for  the  support  of 
its  patients,  in  some  instances,  than  can  be  continued,  and 
additional  legislation  will  be  necessary  to  meet  the  increased 
demand,  which  is  small. 

PILOTAGE. 

The  report  of  the  commissioners  of  pilotage  indicates  a 
very  favorable  condition  of  that  department  of  the  service 
of  the  State.  Over  fourteen  hundred  (1400)  sea  going  ves- 
sels have  been  piloted  in  and  out  of  the  harbor  of  New 
York  during  1869,  by  the  New  Jersey  pilots,  and  it  is  proper 
to  say  that  for  daring  and  skill,  no  superior  body  of  men 
can  be  found  anywhere'.  It  is  not  uncommon  for  our  pilot 
boats  to  run  out  three  or  four  hundred  miles  to  sea  in  fear- 
ful weather,  and  with  great  exposure  and  peril,  to  give  their 
aid  to  inward  bound  vessels.  As  the  commissioners  suggest, 


94 

their  labor  and  peril  is  not  always  appreciated,  and  contests 
arise  as  to  the  compensation  to  be  paid  the  pilot. 

My  judgment  is  that  from  humane  as  well  as  truly  econ- 
omical considerations,  the  law  should  offer  every  inducement 
for  pilots  to  meet  vessels  the  greatest  reasonable  distance 
from  shore.  Other  recommendations  will  be  found  in  the 
commissioners'  report,  which  will  receive  your  consider- 
ation. 

• 

STEVENS    BATTERY. 

As  communicated  to  me  by  your  predecessors,  the  vessel 
known  as  the  "  Stevens  Battery  "  was  bequeathed  to  the 
State  by  the  liberality  of  the  late  Edwin  A.  Stevens,  and 
the  sum  of  one  million  of  dollars  was  also  left  by  him  to 
finish  the  vessel  in  the  most  complete  manner. 

Under  the  authority  of  the  law  empowering  me  to  ac- 
cept the  A'essel  and  appoint  commissioners  to  take  charge  of 
the  interest  of  the  State  during  its  construction  and  pend- 
ing its  disposal,  I  appointed  as  commissioners  General  Fitz 
John  Porter,  of  Morris,  and  Messrs.  Benjamin  G.  Clarke 
and  W.  TV".  Shippen,  of  Hudson,  who  made  a  report  of 
their  labors,  which  accompanies  this  message. 

There  is  no  longer  any  doubt  but  that  the  vessel,  when 
finished,  will  be  the  most  formidable  war  vessel  afloat ;  and 
though  constructed  at  a  cost  little  short  of  two  millions  of 
dollars,  will  be  much  better  worth  the  money  than  any  ves- 
sel of  similar  cost  in  our  own  or  other  navies. 

The  vessel  is  being  completed  under  the  personal  superin- 
tendence of  General  George  B.  McClellan  and  Captain 
Newton,  which  alone  is  sufficient  to  insure  to  our  people  not 
only  every  effort  that  fidelity  gives,  but  every  aid  of  the 
highest  intelligence. 

As  the  consent  of  Congress  will  be  necessary  to  permit 
the  State  to  lawfully  accept  the  vessel  and  dispose  of  it,  I 
recommend  the  passage  of  a  joint  resolution  requesting  our 
representatives  at  Washington  to  procure  such  consent. 

The  vessel  will  be  completed  within  1871,  and  can  be  fin- 
ished sooner  if  required,  but  at  an  increased  cost. 


95 


BONDING    TOWNSHIPS. 

Upon  two  occasions  during  the  last  session,  I  felt  con- 
strained to  veto  acts  which  contained  within  them  the  privi- 
lege to  bond  certain  municipalities  and  townships  to  aid  in 
the  construction  of  railways. 

An  investigation  of  the  system  as  practised  elsewhere, 
especially  in  the  Western  States,  shows  it  to  be  fraught  with 
injustice  and  wrong  to  the  community,  and  severely  tempt- 
ing to  the  subordinate  officers  of  towns  working  under  it. 

Considering  the  enormous  taxation  our  people  are  already 
subject  to,  for  purposes  necessary  to  keep  inviolate,  as  we 
ever  should,  our  National  State  and  local  credit,  it  would  be 
surprising  should  any  considerable  number  of  our  citizens 
be  found  to  advocate  any  increase  of  taxation  not  necessary 
to  the  absolute  necessities  of  the  State  or  localities  within  it. 

But,  should  a  community  be  disposed  to  add  to  its  bur- 
den, no  system  could  be  conceived  more  dangerous,  mis- 
chievous and  unjust,  than  the  bonding  process  for  the 
benefit  of  railways. 

Most  of  the  bonding  schemes  look  to  the  repayment  of  the 
towns  bonded  by  the  guarantee  of  unbuilt  railways,  or  if 
built,  so  incumbered  as  to  make  the  guarantee  of  question. 

An  equivalent  is  sometimes  proposed  by  an  exchange  of 
railway  bonds,  whose  value,  if  not  entirely  mythical,  is  at 
least  altogether  contingent,  for  the  town  bonds  of  commu- 
nities whose  property  is  fixed,  most  valuable  and  easily 
reached.  The  railway  bonds  or  guarantee  usually  offered  as 
an  equivalent  for,  or  a  protection  to  the  bonds  of  the  towns, 
are  admitted  to  be  of  inferior  value,  or  unmarketable,  else 
there  would  be  no  advantage  to  the  railway  in  the  transac- 
tion. 

The  whole  people  of  a  township  may  be  made  to  pay  for 
a  convenience  or  advantage,  that  by  reason  of  the  location 
of  the  railway,  is  only  enjoyed  by  the  inhabitants  of  a  small 
but  densely  populated  portion  of  the  territory. 

If  representation  be  granted  to  the  towns  in  the  man- 


96 

ageraent  of  railways  thus  built,  the  difficulty  of  obtaining 
and  retaining  proper  and  efficient  representation  is  inherent 
under  our  political  system. 

I  suggested  to  your  predecessors  that  the  right  of  the 
Legislature  of  New  Jersey,  under  the  Constitution  of  the 
State,  to  transfer  private  property  without  consent,  to  the 
use  of  any  individual  or  corporation  was  extremely  ques- 
tionable, and  if  attempted  would  surely  involve  long  and 
expensive  litigation  to  our  citizens.  I  also  asked  why  rail- 
way corporations  alone,  should  receive  the  benefits  of  such 
legislation  as  the  bonding  process  may  yield — why  not  agri- 
cultural, manufacturing  and  commercial  enterprises  ?  Of 
their  benefit  to  the  State  and  its  citizens  the  amplest  evi- 
dence is  daily  had. 

May  it  not  be  safely  assumed  that  in  all  the  older  States, 
at  least  whenever  a  necessity  exists  for  a  railway,  private 
capital  will  be  prompt  to  seek  investment  in  that,  which  if 
needed,  will  reap  a  handsome  return,  and  if  not  needed, 
should  not  bring  its  misfortune  upon  unwilling  and  already 
oppressed  tax  payers. 

CONSTITUTIONAL    AMENDMENT. 

Conforming  to  my  duty,  I  submitted  to  the  last  Legisla- 
ture the  proposed  addition  to  the  Federal  Constitution, 
known  as  the  Fifteenth  Amendment. 

With  a  view  of  permitting  the  people  of  the  State,  in  the 
exercise  of  their  right,  to  express  themselves  upon  the  sub- 
ject, through  the  election  of  representatives  to  the  present 
Legislature,  I  recommended  that  no  final  action  be  taken  by 
your  predecessors.  To  this  they  acceded,  and  their  decision, 
in  strong  contrast  with  that  of  most  of  the  States  acceding 
to  the  amendment,  seemed  to  be  most  fitting,  considering 
the  importance  and  gravity  of  the  subject  involved.  It  is 
gratifying  that  legislators,  who  possessed  ample  power  to 
defeat  an  important  political  measure,  should  have  so 
highly  regarded  the  honor  and  reputation  of  our  State  and 
rights  of  the  people,  so  as  to  omit  its  exercise,  even  under 


97 

great  provocation  so  to  do.  The  late  election  gave  ample 
opportunity  to  the  advocates  of  universal  suffrage  to  press 
their  views. 

The  result  is  known,  and  New  Jersey  declares  against  the 
scheme. 

The  adoption  of  the  proposed  amendment  is  objected  to 
because  in  the  minds  of  many  reflecting  men,  the  univer- 
sality of  suffrage  is  but  the  extension  of  an  existing  evil — 
the  true  remedy  for  which  lies  in  its  continuance  to  those 
who  already  possess  the  privilege,  and  its  grant  to  thoso  who 
may,  under  the  operation  of  law,  possess  it  within  a  limited 
period  hereafter ;  and  thereafter  restricting  it  to  such  as 
shall  possess  some  simple  and  reasonable  but  intelligent 
qualification  for  the  exercise  of  so  important  a  trust. 

A  proposition  of  this  character,  containing  so  many  ele- 
ments of  safety  to  the  government  and  advantage  to  the 
people,  would,  from  its  very  nature,  become  the  opposing 
force  to  the  doctrine  of  universal  suffrage,  nor  could  the 
issue  be  doubtful  when  fairly  understood. 

No  hardship  could  come  to  those  now  having  the  right  to 
vote;  for  the  privilege,  once  bestowed,  becomes  thereafter  a 
legal  right — no  impediment  is  placed  in  the  way  of  those  of 
native  or  foreign  birth,  who  are  preparing  for  citizenship; 
for  some  time  would  elapse  before  the  proposed  remedy 
would  be  made  effective,  and  no  wrong  would  be  put  upon 
those  who  might  hereafter  desire  citizenship  under  the  con- 
stitutional requirements  suggested;  for  ample  time  would 
be  had  by  all  persons,  even  of  ordinary  capacity,  to  fit  them- 
selves to  meet  the  simple  requirements  by  which  alone  the 
privilege  of  suffrage  could  then  be  possessed. 

All  classes  of  citizens  are  interested  in  the  wise  and  faith- 
ful administration  of  government;  and  none  are  more  pe- 
culiarly so  than  the  hard-working  and  toiling  citizens  who 
need  all  the  benefits  and  protection  of  government,  with  the 
the  least  cost  ot  taxation  and  restriction  of  liberty. 

Upon  them  especially  would  universal  suffrage  come  with 
peculiar  hardship,  for  experience  seems  to  have  demonstrated 
13 


98 

that  in  proportion  as  the  numbers  increase  beyond  a  given 
point,  of  those  who  may  exercise  a  political  power,  the 
average  intelligence  will  be  diminished,  and  thus  the 
government  be  rendered  liable  in  a  larger  degree  to  the  dan- 
gers and  infirmities  of  ignorance,  passion  and  prejudice. 

It  seems  also  to  be  conceded,  that  while  very  large  po- 
litical bodies,  the  members  of  which  seem  to  have  equal 
voice  and  authority,  are,  as  to  appearance,  most  democratic, 
yet  the  soul  that  animates  such  bodies  is  usually  intensely 
oligarchic.  Thus  would  universal  suffrage,  by  an  indefinite 
extension  of  the  primary  power,  wreaken  it,  rendering  it 
susceptible  in  a  dangerous  degree  to  the  arts  of  ambitious 
men,  and  to  the  plausible  but  wicked  devices  by  which  re- 
publican governments  are  ever  insidiously  assailed. 

The  adoption  of  the  amendment  is  also  opposed  by  New 
Jersey,  lor  the  reason  that  it  radically  changes  the  form  of 
government  in  destroying  the  relation  of  the  States  to  the 
Union  of  their  creation. 

It  takes  away  from  them  the  essential  attribute  of  self- 
government,  and  debases  them  from  creators,  as  they  were, 
to  creatures,  as  they  will  be. 

It  compels  a  State  to  alter  its  Constitution  against  the  ex- 
pressed wish  of  a  majority  of  its  own  people. 

It  is  objectionable  in  that  it  gives  by  the  strongest  impli- 
cation the  right  to  Congress  to  still  further  legislate  upon 
the  subject,  so  that  suffrage  may  be  made  to  depend  upon 
nativity,  religious  belief,  property  and  the  like.  In  declar- 
ing that  no  person  shall  hereafter  be  denied  the  privilege  of 
suffrage,  because  of  color,  or  previous  condition  of  servitude, 
it  would  be  no  great  stretch  of  interpretation  'for  present 
statesmanship  to  regard  all  powers  not  prohibited,  as  within 
the  compass  of  partisan  power,  or  prejudice,  or  political 
necessity. 

That  the  passage  of  the  proposed  amendment  and  its 
enforcement  upon  the  non-concurring  States  is  a  breach  of 
faith  upon  the  part  of  a  great  and  dominant  political  party 
is  known  to  all,  for  the  convention  which  nominated  Presi- 


99 

dent  Grant  expressly  declared  "  that  the  question  of  suffrage 
in  the  loyal  States  properly  belonged  to  the  people  of  those 
States." 

As  an  integral  part  of  the  Constitution,  should  the  amend- 
ment be  adopted,  it  will  always  be  open  to  the  serious  ob- 
jection that  States  assented  to  it  under  duress,  and  during  a 
period  when  all  other  participation  in  the  affairs  of  the  Fed- 
eral Government  was  practically  denied  them. 

The  singular  anomaly  of  being  a  State  in  authority  for  a 
single  and  partisan  purpose,  and  a  territorial  dependence  in 
all  other  respects,  has  been  presented  for  the  criticism  of  the 
enemies  of  popular  government. 

The  advocates  of  the  proposed  amendment  urge  its 
adoption  upon  the  assumption  that  Suffrage  is  a  Right, 
and  not  a  privilege  bestowed  by  government,  and  that  all 
men  without  distinction  as  to  "  class,  color,  or  previous 
condition  of  servitude,  etc.,"  are  the  natural  inheritors  of 
such  right,  and  this  assumption  is  sought  to  be  enforced 
principally  upon  the  ground  that  all  governments  derive 
their  powers  from  the  consent  of  the  governed.  To  show 
the  fallacy  of  such  a  doctrine,  it  is  only  necessary  to  ask 
why  its  application  should  be  limited  to  men,  and  why 
women,  who  are  amenable  in  like  degree  as  men,  under  our 
law,  to  punishment  for  crimes,  to  taxation  for  the  support 
of  the  State,  and  to  most  other  impositions  of  government 
should  be  excluded  from  the  exercise  of  a  power  claimed  to 
be  a  Right  to  those  who  are  governed? 

Again,  if  suffrage  be  a  Right,  why  should  States  be 
permitted  to  make  an  arbitrary  rule  as  to  the  age  which 
shall  be  attained  before  suffrage  shall  be  exercised,  for  many 
persons  are  better  fitted  to  vote  intelligently  at  the  age  of 
eighteen  than  others  are  at  fifty.  Or  why  should  Congress 
fix  a  period  of  years  before  a  naturalized  citizen  can  exer- 
cise the  privilege  of  the  ballot,  when  his  adherence  and  duty 
to  the  government  is  just  as  fully  had,  if  the  necessary 
oaths  be  taken,  upon  the  day  of  his  treading  our  shores,  as 
they  are  ever  had  ? 


100 

We  all  know  that  these  limitations  and  restrictions,  with 
others,  are  the  result  of  prudent  foresight  and  care,  and  that 
they  are  made  in  the  exercise  of  that  wise  discretion  which 
under  all  governments  must  be  lodged  somewhere,  for  the 
preservation,  prosperity  and  perpetuity  of  the  State. 

The  abridgement  of  suffrage  to  any  extent,  by  the  deci- 
sion of  the  people,  is  the  acknowledgment  of  power  to  pro- 
tect themselves  by  salutary  restrictions,  and  fixes,  of  neces- 
sity, that  suffrage  is  a  power  conferred  upon  the  person,  and 
regulated  by  the  State,  and  not,  as  is  claimed  by  the  advo- 
cates of  the  proposed  amendment,  a  natural  right. 

The  tendency  of  all  such  dogmas  as  the  assumption  of 
a  natural  right  to  suffrage,  is  toward  agrarian  ism,  and  it 
would  not  be  singular,  did  such  theories  once  fasten  them- 
selves upon  the  organic  law,  that  prosperous  labor  and 
well  managed  capital  should  be  called  upon  to  equalize  with 
indolence  and  prodigality. 

It  is  no  matter  in  rendering  a  decision  upon  a  question  of 
principle — affecting  in  a  vital  degree  perhaps,  the  future  of 
the  Republic — what  the  probabilities  are  as  to  the  action  of 
other  States.  Our  duty  is  a  plain  one,  and  that  is,  to  reject 
the  amendment  proposed. 

Should  it  finally  be  declared  adopted  by  the  Federal  au- 
thorities, then  will  arise,  perhaps,  grave  constitutional  ques- 
tions, and  as  these  may  ultimately  be  decided  so  our  duty 
will  again  be  made  clear.  To  the  people  of  New  Jersey 
there  is  no  higher  law  than  that  as  expounded  by  the  high- 
est judicial  tribunal — however  partisanship  may  have  com- 
posed it. 

Whatever  result  may  occur  before  my  next  annual  mes- 
sage to  you,  I  feel  assured  our  people  will  deal  with  practi- 
cal issues,  leaving  the  dead  past  to  bury  its  dead,  contenting 
themselves,  if  need  be,  that  no  honorable  means  have  been 
neglected  to  enforce  cherished  principles. 

If  issues  involving  governmental  policy  are  finally  settled 
against  our  earnest  efforts  and  protests,  as  good  citizens  we 
must  accept  the  decision  recognizing  the  fact,  that  issues  de- 


101 

ternrined  are  for  the  time  no  longer  subjects  of  profitable 
political  discussion,  and  however  wrongfully  settled,  they 
are  past  present  remedy,  and  patriotism,  policy  and  good 
sense  demand  our  acceptance  of  them. 

THEODORE  F.  RANDOLPH, 

Governor. 


VETO  MESSAGE 

OIF-    SEOSTATE    BILI-u    3STO.    Ill, 

ENTITLED, 

A  FURTHEK  SUPPLEMENT  TO  AN  ACT  ENTITLED  "  AN  ACT 
RESPECTING  THE  COURT  OF  CHANCERY." 


VETO   MESSAGE. 


STATE  OF  NEW  JERSEY, 
EXECUTIVE  DEPARTMENT, 
TRENTON,  March  2d,  1870. 


To  the  Senate : 


I  beg  to  return  to  the  Senate,  where  it  originated,  Bill 
No.  Ill 

This  bill  alters,  and  I  have  no  doubt  in  many  respects 
improves,  the  practice  of  the  Court  of  Chancery  ;  but  the 
fourth  section  seems  to  have  been  hastily  drawn,  and 
instead  of  accomplishing  the  manifest  object  of  the  sec- 
tion, at  least  leaves  it  open  to  a  construction  which  could 
not  have  been  intended. 

It  provides  that  "  all  suits  to  which  the  Chancellor  may 
be  a  party,  either  individually  or  in  a  representative 
capacity,  and  all  proceedings  therein,  shall  be  heard  by 
the  Chief  Justice,  or  if  there  be  no  Chief  Justice,  by  such 
Associate  Justice  of  the  Supreme  Court  as  may  be  senior 
in  office,  or  by  such  Justice  of  the  Supreme  Court  of 
Master  in  Chancery  as  may  be  designated  by  the  Chief 
Justice,  or  such  senior  Justice,  by  an  order  made  and  filed 
in  the  cause,  unless  some  other  person  shall  be  designated 
by  the  Chancellor  for  that  purpose" 

May  not  the  closing  words  (which  I  have  italicised),  be 
so  construed  as  to  practically  defeat  the  evident  purpose 
of  the  Legislature ;  instead  of  providing  for  the  mere 
authentication  of  the  order  or  decree  by  the  signature  ot 
the  Chancellor,  to  orders  and  decrees  in  causes  where  he 

14: 


106 

is  a  party  individually  or  in  a  representative  capacity,  it 
requires  his  approval  of  the  order  or  decree,  which  he  is 
advised  to  sign  by  the  officer  who  heard  the  cause  and 
pronounced  the  decree. 

Very  Respectfully, 

THEO.  F.  RANDOLPH, 

Governor. 

Veto   sustained. 


MESSAGE 


RELATIVE   TO   THE 


HOME  FOE  DISABLED  SOLDIERS. 


MESSAGE. 


EXECUTIVE  CHAMBER,        ) 
TRENTON.  March  9th,  1870.  f 
To  the  Legislature: 

In  my  annual  message  I  suggested  the  propriety  of  legis- 
lation that  looked  to  the  gradual  closing  of  the  "  Home  for 
Disahled  Soldiers,"  giving  as  a  reason  therefor,  the  estab- 
lishment of  National  Homes  by  the  General  Government, 
where,  as  I  then  supposed,  our  soldiers  could  be  comfortably 
cared  for.  I  gave  as  another  reason  for  my  suggestion  the 
demands  made  upon  our  limited  resources  by  other  benefi- 
ciary institutions  of  the  State. 

I  am  now  convinced  that  the  closing  of  the  "Home," 
during  the  present  year,  would  lead  to  great  want  and 
suffering  among  a  class  of  our  people  to  whom  we  owe  an 
especial  obligation,  and  I  take  the  earliest  opportunity 
of  respectfully  recommending  to  the  Legislature  that  no 
change  be  made  in  the  law  under  which  the  institution  is 
continued. 

I  am  sure  it  is  only  necessary  to  state,  (to  insure  co-opera- 
tion in  my  present  views,)  that  many  of  our  soldiers  have 
walked  over  a  thousand  miles  returning  from  the  National 
Homes,  to  the  "  State  Home,"  with  its  comforts,  and  near- 
ness to  friends  and  families. 

We  have  stood  alone,  of  all  the  States,  in  maintaining  an 
Asylum  for  our  disabled  soldiers,  and  the  action  of  other 
States  looking  to  the  re-establishment  of  their  "  Homes," 
indicates  our  past  action  to  have  been  right,  and  our  present 
policy  to  be  against  any  change  of  it. 

Respectfully, 

THEO.  F.  RANDOLPH, 

Governor. 
Recommendation  adopted. 


MESSAGE 


IN   RELATION   TO 


TAXES   ON   CORPORATIONS 


MESSAGE. 


EXECUTIVE  CHAMBER, 
TKKNTON,  March  15th,  1870. 


To  the  Legislature  : 


In  my  annual  message,  recommending  the  passage  of  a 
law  by  which  the  revenue  of  the  State  would  be  increased 
to  an  extent  sufficient  to  meet  its  rapidly  growing  require- 
ments, I  suggested  that  to  meet  the  probable  deficit  of  the 
present  year  (growing  out  of  the  withdrawal  of  aid  from 
the  Federal  Government),  one  of  three  courses  would  have 
to  be  pursued  : 

First — To  levy  a  direct  tax  upon  the  capital  and  property 
in  the  State  ; 

Second — To  increase  the  rate  upon  those  corporations 
now  paying  taxes  to  the  State  ;  or, 

Third — To  levy  a  direct  tax  upon  those  corporations  of 
the  State  (not  benevolent  or  beneficiary),  that  are  not  now 
paying  taxes  directly  to  it. 

I  objected  to  the  first  plan  because  the  people  and  prop- 
erty of  the  State  are  already  paying  their  full  share,  and 
for  the  reason  that  if  any  property  in  the  State  deserved 
especial  protection,  it  was  that  which  was  fixed,  always 
attainable,  and  by  its  very  nature,  most  reliable  for  the 
State's  need.  Of  such  a  class,  farms,  buildings,  real  estate, 
and  the  like,  are  most  prominent. 

I  objected  to  an  increase  upon  the  second  class  because 
they  are  already  taxed  in  undue  proportion  ;  paying  as 
15 


114 

they  do  (five  or  six  corporations)  nearly  two-thirds  of  the 
entire  revenue  of  the  State.  This  is  not  only  wrong  in 
principle*,  but  will  return  to  grieve  the  State  in  the  claims 
these  corporations  make  for  special  protection  against  com- 
petition, in  viewr  of  their  support  of  the  State. 

It  is  not  compatible  with  our  dignity  that  such  an  asser- 
tion be  true,  by  possibility. 

I  favored  the  third  plan  because  my  study  and  experi- 
ence has  taught  that  corporate  capital,  being  the  capital 
of  the  possessor  of  special  privileges,  granted  by  tl  e  State, 
as  only  the  State  can  grant,  was  especially  liable  to  taxa- 
tion, not  only  to  the  full  measure  of  private  capital,  but 
in  an  exigency,  beyond  what  private  capital  was  liable  to  ; 
because, 

Capital  in  corporations  has  nearly  double  value,  inasmuch 
as  the  stock  which  represents  the  original  investment 
is  also  available  for  collateral  use.  Private  capital  has 
no  such  advantage. 

Capital  thus  invested  has  a  limit  of  responsibility — being 
usually  the  amount  put  in,  and  no  more.  Capital 
which  individuals  invest  in  a  given  business,  is  not 
the  full  measure  of  personal  responsibility;  for  failure 
or  misfortune  renders  the  individual  liable  for  all  debts 
and  obligations  which  the  business  may  have  brought 
about. 

Capital  thus  invested  rarely  pays  full  local  taxes,  as  under 
one  pretence  and  another,  and  through  clever  assessors, 
or  other  means,  they  escape  from  taxation. 
Capital  invested  in  corporations  has  a  divisibility,  prompt 
and  effectual.  This  quality,  in  the  event  of  the  death 
of  an  investor,  or  in  case  of  dissatisfaction  with  the 
business  or  its  management,  is  often  of  the  greatest 
importance  and  value. 

Capital  under  corporate  rights  has  privilege*  that  persons 
have  not.  Corporations  may  and  often  do  seize  upon 
and  appropriate  private  property  for  their  benefit, 
regardless  of  the  loss  or  inconvenience  of  private 
citizens. 


115 

Capital  obtains  the  power  coming  from  accretion  with 
greater  ease  and  rapidity,  under  corporate  existence, 
than  in  any  other  way,  and  as  we  have  ample  evidence, 
can  use  that  power  with  less  of  moral  or  legal  respon- 
sibility than  private  capital  dare  do. 

Thus  the  State  seems  to  give  a  quasi  immunity  to  action 
that  would  disgrace  the  incorporators  as  private  citizens  ; 
and  yet  it  is  practiced  by  corporations. 

Whatever  may  be  thought  of  the  morale  of  the  existence 
of  this  condition  of  affairs,  the  fact  still  remains  of  such  a 
power  had  and  used. 

I  might  enumerate  other  palpable  advantages  which  cor- 
porations possess,  rendering  them  peculiarly  liable  to  the 
State's  demands,  but  it  is  not  essential. 

In  my  annual  message,  referring  to  this  subject,  I  said, 
substantially  : 

"  That  nearly  the  whole  of  the  legislative  time,  with  its 
heavy  attendant  cost  to  the  people  of  the  State,  is  taken  up 
by  the  wants  or  demands  of  private  corporations  ;  and  it  is 
perfectly  safe  to  say  that  one-half  of  the  time  of  all  the 
higher  courts,  with  the  cost  incidental  thereto — to  say 
naught  of  the  delay  to  individual  litigation,  is  made  up  by 
contests  between  corporations,  or  where  corporations  are  a 
party  thereto;  the  results  of  which  are  rarely  of  impor- 
tance, as  touching  the  great  body  of  the  people. 

u  That  corporations  are  most  useful,  properly  guarded  in 
their  powers,  and  that  to  the  capital  aggregated  under  their 
special  privileges,  nowise  else  to  be  obtained,  perhaps — the 
greatest  advantage  to  the  State  and  its  people  have  been 
had,  no  sensible  person  will  dispute.  But  that  the  capital 
flutx  invested  in  corporations  should  seek  and  obtain  immu- 
nity from  t((,cation  which  the  employees  of  these  same  cor- 
•l><>r<tiinns  i-dtinot  obtain,  is  both  unjust  and  indefensible. 

"It  is  claimed,  however,  that  for  the  reasons  assigned, 
and  i  it  hers  equally  obvious,  under  the  pressing  necessities  of 
the  State  for  larger  revenues,  these  objects  of  its  creation 
and  continued  fostering  care  should  be  required  to  pay  a 
small  per  centage  to  the  State. 


116 

"  It  may  be  asserted  that  the  tendency  of  the  law  will  be 
tn  drive  capital  from  this  to  other  States.  I  assert,  without 
fear  i>f  intelligent  contradiction,  that  the  States  of  New 
York  and  Pennsylvania,  which,  by  proximity  to  the  great 
centres  of  trade,  are  our  chief  competitors  for  capital  seek- 
ing investment  in  the  business  done  under  the  corporation 
affected,  place  a  heavier  impost  on  their  corporations,  by 
one  process  or  another,  than  New  Jersey  has  ever  done,  or 
will  ever  desire  to  do. 

"  AVe  possess  peculiar  advantages  in  every  respect  for 
corporate  enterprise,  and  it  is  the  right,  as  it  is  the  duty  of 
the  State,  to  avail  itself  reasonably  of  its  advantages. 

"  A  very  large  number  of  corporations,  seeking  to  avail 
themselves  of  our  liberal  grant,  or  desiring  the  e<>iilt>--e<l 
protection  of  our  courts,  or  purposing,  perhaps,  the  evasion 
of  imposts  elsewhere,  have  their  capital,  labor  and  interests 
entirely  beyond  our  limits.  Surely  they  might  justly  be 
reminded  of  the  power  that  created  and  protects  them, 
without  trespass  upon  their  rights." 

I  am  induced  to  call  your  especial  attention  to  this  sub- 
ject again,  for  the  reason  that  to  sustain  the  credit  and 
meet  the  obligations  of  the  State  for  the  year,  action  is  nec- 
essary. Having  directed  your  attention  to  the  sub]ect  in 
iny  annual  message,  I  deemed  it  due  to  your  Plonorable 
Bodies  to  await  further  suggestions  until  the  latest  period, 
hoping  you  might  agree  upon  a  system  of  taxation  gen- 
erally acceptable  and  resulting  from  mature  deliberations. 

However  imperfectly  expressed  my  views  may  be,  given 
under  the  pressure  of  the  duties  of  your  closing  hours,  the 
obligation  to  give  them  is  plain. 

Tour  decision  to  adjourn  on  the  17th  inst.  meeting,  as  it 
does,  with  the  almost  universal  concurrence  of  our  people, 
and  tixing,  as  it  will,  a  creditable  example  of  prompt  le<n's- 
lation  for  future  bodies,  will  not,  I  trust,  be  frustrated  by 
any  want  of  legislation  in^behalf  of  the  State. 
Respectfully, 

THEODOEE  F.  RANDOLPH, 

Governor 


MESSAGE 


IN    HKLATION   TO 


TAXES   ON   CORPORATIONS. 


MESSAGE. 


EXECUTIVE  CHAMBER,        ( 
TRENTON,  March  17th,  1870.  ) 


To  the  Legislature : 


Your  Honorable  Bodies  have  deemed  it  wise  to  omit  the 
passage  of  the  law  recommended  by  me,  to  tax  the  Corpora- 
tions of  the  State  not  now  contributing  to  its  revenue  ;  and 
desiring  to  facilitate  your  business  and  the  immediate  ad- 
journment you  propose,  1  desire  to  place  before  you  the  fol- 
lowing facts  and  estimates  derived  from  official  sources 
mostly  within  your  possession  : 


The  items  of  income  bad  by  the  State  in  1869 

u -en-,  per  Treasurer's  report $678,908.73 

Of  this  amount  there  was  had  by  loan  from  banks.  .$60,000 

By  State  tax  fund 60,000 

By  special  receipts  from  Joint  Companies 20,000 

By  amount  Paterson  and  Hudson  River  Railway. . .    18,900 

$158,900.00 


$520,008.73 

The  loan  from  banks  is  taken  out  ($00,000),  because  it  is 
not  a  bona  fide  *'  income." 

The  State  tax  fund  ($60,000)  is  taken  out  because  it  is 
included  in  the  final  deficit. 

The  receipt  from  Joint  Companies,  for  land  at  Camden, 
&c.,  ($20,000)  will  not  be  repeated  this  year,  nor  will  that 
from  the  Patorson  and  Hudson  River  Railway  ($19,000). 

The  receipts  from  general  sources  for  1870  may  be  some- 
what in  excess  of  this  amount  ($520,000),  but  there  is  no  re- 
liable data  to  base  any  considerable  increase  upon. 


120 

The  expenses  of  the  State  for  1869,  per  Treasurer's 

Report,  were $582,877.54 

To  these  add  amounts  heretofore  paid  by  United 

States,  (War  Fund), 

To  Soldiers'  Children's  Home $40,000 

To  Soldiers'  Home,  Newark 30,000 

To  State  Militia 30.000 

$100,000.00 

Also     add,     Amount     Legislative     Appropriation, 

To  State  Prison,  for  new  wing 50,000 

"  for  new  shop,  due  from 

1869 30,000 

To  Lunatic  Asylum  and  Reform  School, 

new  buildings 50,000 

To  Deaf,  Dumb  and  Blind,  and  Increased 

Salaries— excess  over  1869 10,000 

$140,000.00 

Also  add,  Amount  required  by  law  to  pay  interest 

on  State  Debt,  and  amount  to  Sinking  Fund,  $290,000.00 

$1,113,867,54 

From   which    take    the    estimated    receipts    from 

general  sources,  as  stated  above $520,008.73 

Leaving  to  raise  by  direct  taxation  in  1870 $592,S<11  ,S1 

Against  amount  raised  by  direct  tax  in  1869 350,000.00 

Making  an  excess  of  direct  tax  for  1870  over  that  of  1869,  of    $242,868.81 

To  make  good  this  deficit,  the  State  tax  would  have  to  be 
about  one  and  two-tenths  mills  upon  the  dollar ;  the  total 
assessable  property  for  1870  being  $533,000. 

It  has  been  suggested  that  the  State  can  make  good  any 
deficit  by  the  sale  of  bonds  or  stocks  belonging  to  it. 

This  is  undoubtedly  true,  but  the  responsibility  of  being 
compelled  to  sell  assets  of  the  State,  heretofore  jealously 
held  by  Executive  and  Legislative  concurrence,  and  >ns- 
tained  by  the  people — this  responsibility  must  rest  elsewhere 
than  upon  this  department. 

My  decided  conviction  is  against  a  policy  that  not  only 
impoverishes  our  capital  (or  assets),  but  by  loss  of  interest 
upon  it  reduces  our  source  of  income  as  well,  a  policy  that 
is  best  illustrated  by  the  homely  but  apt  simile  of  :i  barrel 
tapped  at  both  ends. 

Respectfully, 

THEO.  F.  RANDOLPH, 

Governor. 


COMMUNICATION 

RELATIVE   TO 

BILL,,    1STO- 

ENTITLED, 

AN    ACT    RELATING    TO   TAXES   TO   BE   PAID   BY  THE   ERIE 
RAILWAY  COMPANY,"  &c. 


16 


COMMUNICATION. 


EXECUTIVE  DEPARTMENT,    ) 
TRENTON,  March  22d,  1870.  ) 

John  B.  Haiyht,  Esq.,   Collector  of  City  Revenue,  Jersey 
City: 

You  ask  me,  through  an  official  note  from  you,  dated  yes- 
terday, to  withhold  my  signature  from  Assembly  Bill  num- 
ber 499,  entitled — 

"  An  Act  relating  to  Taxes  to  be  paid  by  the  Erie  Rail- 
way  Co.,"  &c., 

alleging,  as  a  reason  therefor,  the  injustice  of  its  operation 
to  your  city,  should  it  become  law. 

Upon  assuming  the  duties  of  the  Executive  office,  I  de- 
termined to  fulfil  it  according  to  my  ability,  in  consonance 
with  the  letter  and  spirit  of  our  form  of  government,  using 
the  u  veto  "  power  only  in  such  cases  as  were  clearly  uncon- 
stitutional, where  unintentional  mistakes  had  been  made,  or 
where  the  ends  ot  Justice  were  clearly  to  be  violated  by 
Legislative  contrivances,  remote  from,  if  not  beyond  Judicial 
enquiry. 

For  the  Executive  to  debate  questions  of  expediency  with 
the  Legislature,  and  constantly  array  his  opinions  and 
prerogative  of  ''veto"  against  the  expressed  purpose  of  a 
majority  of  the  Senate  and  House  of  Assembly,  seemed  to 
me  antagonistic  to  the  purpose  of  the  authority  under  which 
I  hold  my  office,  and  violative  of  our  form  of  government. 


124 

So  careful  were  the  framers  of  our  State  Constitution  that 
no  real  power  of  obstruction  to  Legislative  will  should  rest 
with  the  Executive,  that,  as  you  are  aware,  the  "  veto"  of 
an  Executive  can  be  constitutionally  overridden  by  a  mere 
repetition  of  the  same  vote  that  originally  passed  a  given 
bill,  or  even  a  less  number,  provided  that  number  be  a 
majority  of  each  house. 

The  theory  of  our  State  Constitution  is,  therefore,  that 
majorities  of  the  members  of  both  houses  best  declare  the 
will  of  the  people  in  all  cases,  even  after  the  Executive  dis 
approves. 

From  frequent  remarks  and  written  application  made  to 
me,  I  fear  this  matter  is  not  completely  understood  by  all 
our  people. 

If  the  fact  is,  as  against  the  theory,  that  the  people  are 
not  heard  through  a  majority  of  their  Legislative  members, 
and  through  improper  influences,  unjust  and  pernicious 
legislation  is  had,  the  responsibility  is  upon  the  electors  who 
send  them,  and  not  upon  the  Executive,  whose  power  over 
their  action,  as  I  have  just  indicated,  is  literally  nothing. 

When  the  people  of  New  Jersey,  of  all  parties,  select 
men  for  Legislative  positions,  with  reference  to  their  in- 
tegrity and  capacity  and  not  for  their  temporary  political 
availability,  they  will  have  bridged  most  of  the  dangers  of 
bad  legislation.  For  me  to  attempt  its  correction  by  the 
exercise  of  the  "  veto  "  power  when  the  Legislature  is  in 
session  is,  as  you  perceive,  a  serious  undertaking,  and 
although  I  have  been  sustained  by  the  Legislature  in  all  my 
vetoes  thus  far,  I  attribute  it  chiefly  to  the  fact  that  my  ob 
jections  were  in  all  cases,  partly  at  least,  of  a  constitu- 
tional character. 

I  have  had  in  my  hand  within  the  five  days  prior  to 
the  adjournment  nearly  one-half  of  the  entire  legislation  of 
the  session,  and  the  adjournment  leaves  all  these  acts  subject 
alone  to  my  official  sanction.  I  do  not  propose  to  discuss 
the  safety  or  propriety  of  legislative  action  that  permits  such 
accumulation  and  its  resulting  power  in  the  hands  of  the 
Executive. 


125 

Of  this  great  number  of  acts  I  deem  it  safe  to  say  that  a 
large  per  centage  are  contested  upon  the  ground  of  public  or 
private  injustice,  inexpediency  and  the  like,  and  if  I  even 
deemed  it  within  the  scope  of  a  legitimate  exercise  of  my 
functions  to  judicially  consider  and  decide  upon  such  ques 
tions,  the  remainder  of  the  year  will  be  hardly  long  enough 
to  make  the  adjudication.  I  am  thus  frank  in  the  expres- 
sion ot  rny  views  because  I  desire  your  authorities  and 
others  to  appreciate  my  position  under  existing  facts. 

It  is  especially  due  to  your  authorities  and  people  that 
these  semi-official  opinions  and  statements  should  be  given 
by  one  who  so  long  represented  them  in  a  legislative  capacity, 
and  who  has,  and  ever  will  have,  a  grateful  recollection  of 
their  confidence  and  support  bestowed  by  men  of  all  parties. 

I  have  not  deemed  it  necessary  to  discuss  the  arguments 
urged  by  the  friends  of  the  bill  you  oppose,  who  assert  that 
this  legislation  simply  places  "  Erie,  as  to  taxes,  upon  a  foot- 
ing with  the  New  Jersey,  Morris  and  Essex,  Central  New 
Jersey  and  other  railways,  and  with  the  Morris  Canal  Com- 
pany, within  the  municipal  limits;  that  it  pays  the  State 
hereafter  instead  of  the  cities,  as  heretofore ;  that  no  per- 
manent contract  existed  between  the  Company  and  the  city 
of  Jersey  City,  inasmuch  as  the  Legislative  Act  on  which 
the  agreement  was  based  expressly  declares  it  to  be  open 
to  alteration,  modification,  or  repeal  by  the  Legislature; 
that  relief  from  uncertain  municipal  taxation  is  essential 
to  a  corporation  seeking  to  permanently  establish  great  work- 
shops in  a  city  centre,  and  that  no  such  works  and  their  ad- 
vantages could  come  to  the  city  without  this  certainty 
being  first  had."  These  have  all  been  urged  upon  your 
authorities  no  doubt  ineffectively. 

I  fully  appreciate  the  importance  to  your  tax-payers  of 
the  question  yet  remaining.  Is  it  just  to  the  great  body  of 
tax-payers  that  all  the  large  corporations  whose  termini  are 
within  your  corporate  limits  should  be  exempted  from  all 
other  taxes  upon  the  payment  of  a  stipulated  tax  to  the 
State  I 

The  question  is  to  your  authorities  a  most  serious  one.  oc- 


126 

cnpying,  as  these  great  corporations  do,  so  large  a  portion  of 
your  most  valuable  and  taxable  property,  and  requiring  of 
YOU  for  their  city  untaxed  property  the  protection  of  your 
police  and  tire  department*,  paid  for  by  the  taxation  from 
others. 

I  imagine  the  corporations  will  ultimately  find  it  to  their 
own  advantage,  agreeing  with  corporate  authorities,  to  fix 
upon  some  uniform  and  just  system  by  which  the  burden  of 
local  government  may  be  fairly  distributed,  with  special  ad- 
vantages of  bringing  in  certain  properties,  and  thus  avoid- 
ing what  may  else  become  a  most  serious  question  to  all 
concerned. 

You  may  be  assured  that  however  I  may  consider  my 
official  authority  restricted,  my  personal  influence,  if  any, 
will  ever  be  used  toward  so  desirable  a  consummation, 
although  I  cannot  now  with  propriety  exercise  my  official 
prerogative  in  preventing  the  execution  of  the  bill  passed 
by  the  Legislature. 

Very  Respectfully, 

THEO.  F.  RANDOLPH, 

Governor. 


17 


ANNUAL  MESSAGE 

To  the  Legislature,  Session  of  1871. 


ANNUAL  MESSAGE. 


To  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey : 

At  the  last  meeting  of  the  Legislature,  it  was  directed  that 
all  State  officers,  with  whom  it  had  been  customary  to  make 
reports  either  to  the  Legislative  or  Executive  Departments 
of  the  government,  should  thereafter  report  to  the  Execu- 
tive annually  all  business  pertaining  to  their  respective  de- 
partments for  the  preceding  year,  closing  on  the  31st  day 
of  October. 

This  law  has  had  the  effect  of  con  fining  all  present  reports 
to  a  period  of  eleven  months,  inasmuch  as  the  time  embraced 
in  previous  reports  included  the  month  of  November. 
Under  this  law  the  Secretary  of  State,  Comptroller  and 
Treasurer  were  authorized  to  have  their  reports  published  in 
printed  form.  Thus  full  information  respecting  the  affairs 
of  the  various  departments  is  given,  and,  being  immediately 
accessible  to  legislators,  when  in  session,  makes  possible  sys- 
tematic and  intelligent  legislation.  In  referring  to  the  con- 
dition and  statements  of  the  various  departments,  my  aim 
will  be  to  direct  your  attention  to  such  statements  and  sug- 
gestions as  are  of  special  concern  to  our  people. 

FINANCIAL. 

The  receipts  of  the  State  for  eleven  months,  ending  October 

31, 1870,  were $631,303  66 

The  disbursements 562,123  71 


Leaving  a  surplus  of $69,179  95 


134 

The  principal  items  of  receipts  were  : 

From  United  Companies $298,128  96 

"      Dividends  of  Railroad  Companies 28 ,270  00 

"      Interest  on  Railroad  Bonds 37,804  10 

"      Morris  and  Es^ex  Railway 48,795  31 

"      New  Jersey  Central 43,5.")  1  20 

"      Riparian  sources 76,500  00 

"      All  other  sources 98,19409 


$631/03  66 
The  disbursements  have  been  : 

To  payment  special  loan $60,000  00 

"  Legislative  Department 56,980  18 

"  Printing 53,949  06 

"  State  Prison  salaries 40,028  41 

Shops,  &c $53,687  31 

"  New  wing 14,86863 

Repairs 12,903  41 

"  Balance  of  appropriation 16,542  00 

98,001  35 

To  Judiciary 44,930  44 

"  Transportation  and  costs 23,532  01 

"  State  Reform  School 20,050  67 

"  Lunatic  Asylum 36,584  84 

"  Deaf  and  Dumb,  Blind  and  Training  School 29.336  82 

"  State  Militia 29,362  36 

"  All  other  objects 69,367  57 


$562,123  71 

It  \vill  be  observed  that  the  two-thirds  of  the  entire  in- 
come of  the  State — irrespective  of  the  annual  levy  to  reduce 
the  war  debt — is  obtained  from  three  or  four  railway  com- 
panies, or  from  interest  upon  their  securities  belonging  to 
the  State.  Nearly  one-eighth  of  the  entire  receipt  comes 
from  the  riparian  sources — leaving  less  than  one-sixth  of  the 
aggregate  amount  derived  from  all  other  sources. 

The  State  is  thus  enabled  to  meet  all  its  obligations,  ex- 
cept the  small  annual  contributions  to  pay  interest  on  its 
war  bonds,  and  provide  for  their  gradual  extinction,  with- 
out the  imposition  of  a  tax  upon  corporate  or  private  pro- 
perty, save  as  to  the  corporations  named.  It  will  occur, 
however,  to  reflecting  minds,  that  this  condition  of  affairs, 


135 

relieving  though  it  may,  the  greater  portion  of  our  citizens 
and  corporations  from  State  taxation,  has  manifest  disad- 
vantages— not  the  least  of  which  is,  the  implied  obligations 
such  obligations  create.  The  rapidly  increasing  expendi- 
tures of  the  State  will  permit  legislation  to  seek  a  wider 
and  safer  scope  lor  objects  from  which  to  obtain  revenue. 

The  disbursements  include  the  payment  of  the  only  float- 
ing debt  the  State  had.  It  is'  gratifying  to  notice  the  dim- 
inution in  the  cost  of  State  printing  as  compared  with 
previous  years.  The  expenditures  at  the  prison  give  the 
entire  cost  of  building  and  furnishing  the  most  complete 
prison  workshop  in  the  country — repairing  the  old  portions, 
and  beginning  the  erection  of  a  new  prison,  long  needed. 
The  present  year  will  complete  these  unusual  expenditures 
and  give  adequate  prison  space  and  work  room  for  years  to 
come.  The  remaining  items  of  disbursement  show  no 
material  increase  over  previous  years. 

The  expenses  of  the  government  are  increasing,  even 
in  greater  ratio  than  the  population.  In  the  year  1S40, 
the  population  of  the  State  being  372,791,  the  cost  of 
maintaining  the  government  was  $90,604.22,  or  equal 
to  24  cents  for  each  inhabitant.  In  1850  the  population 
was  489,703,  and  the  cost  of  the  government,  per  inhabi- 
tant, equal  to  25  cents.  In  1860,  with  a  population  of 
r»Ti\o73,  our  expenses  reached  thirty  cents  for  each  person, 
and  in  1870,  with  a  population  of  906,172,  the  rate  runs  up 
to  64:  cents  for  each  person  claiming  residence  within  the 
State.  No  doubt  a  portion  of  the  increased  per  capita  rate 
comes  from  unnecessary  expenses,  ever  attendant  upoa  a 
thrifty  and  rapidly  growing  community  ;  yet  no  State,  per- 
haps, has  suffered  less  from  the  extravagant  tendency  of  the 
times  than  New  Jersey.  It  is  not  inappropriate  in  this  con- 
nection to  call  your  attention  to  the  very  heavy  burthens 
falling  upon  the  inhabitants  of  most  of  our  large  cities  and 
towns  by  reason  of  onerous  local  taxation.  Legislative  au- 
thority has  delegated  extraordinary  powers  to  most  of  our 
incorporated  towns,  and,  under  one  pretext  and  another,  ex- 
penditures have  been  made,  and  are  still  being  made,  irre- 


136 

concilable  with  the  actual  needs  of  communities,  the  real 
wishes  of  tax  payers,  or  the  true  interests  of  the  localities 
pecuniarily  interested.  It  is  not  true  that  the  decisions  of 
such  questions  are  of  local  interest  alone.  The  State  that 
obtains,  in  no  small  degree,  its  vigor  and  support  from  these 
communities,  has  an  especial  interest  in  affording,  to  all  who 
seek  its  soil,  exemption  from  onerous  taxation.  Favoring 
the  most  generous  laws  for  the -growth  and  improvement  of 
onr  rapidly  increasing  cities  and  towns,  I  also  feel  assured 
that  the  time  has  arrived  when  ignorant,  irresponsible,  or 
corrupt  local  legislators  should  be  held  within  such  restraints 
as  the  interests  of  our  substantial  and  laboring  people  de- 
mand and  have  a  right  to  receive. 

No  inconsiderable  portion  of  the  increased  cost  of  gov- 
ernment arises  from  our  changed  view  of  what  constitutes 
the  duty  of  the  State.  Our  prisons  are  no\v  institutions  of 
reform  as  well  as  punishment,  and  the  criminal  is  placed 
within  the  reach  of  mental  and  moral  tuition  ;  has  whole- 
sale labor  for  respite  from  the  torments  of  remorse — and 
leaves  his  confinement  with  whatever  of  manhood  may  be 
kept  alive  or  cultivated  by  kind  treatment,  linked  with  firm 
discipline.  Our  asylums  for  the  insane  give  their  inmates 
the  comforts  of  home,  and  seek,  through  gentle  means  and 
kindly  influences,  the  recovery  of  these  most  unfortunate  of 
the  State's  wards.  Schools  of  reform  take  the  place  of  in- 
efficient punishment  that  more  frequently  hardened  than 
corrected  the  youthful  offender.  To  these  enumerations 
may  be  added  the  care  and  cost  the  State  now  bestows  upon 
unfortunate  and  impoverished  minors,  who  have  been  bereft 
of  sight,  or  speech,  or  hearing;  upon  the  children  of  its  sol 
diers,  whose  lives  have  been  sacrificed  at  its  demand;  upon 
the  soldiers  themselves,  who  have,  by  wounds  or  infirmities, 
been  rendered  homeless  and  destitute.  All  these  are  ave- 
nues for  large  expenditures  by  the  State,  but  so  just  and 
benificent  are  they  deemed  that  no  effort  for  retrenchment 
would  successfully  trespass  upon  a  policy  so  commendable 
and  established.  The  remaining  serious  item  of  taxation  by 
the  State  upon  its  people,  is  that  levied  for  the  support  of 


137 

public  schools.  There  may  ever  remain,  amopg  just  and 
good  men,  wide  differences  of  opinion  as  to  the  mode  of  dis- 
tributing the  moneys  thus  levied  ;  but  there  can  scarcely 
exist  among  thoughtful  and  intelligent  persons  any  diversity 
of  opinion  as  to  the  beneficence  of  a  system  of  general  edu- 
cation. It  is  plain  from  this  imperfect  review,  that  no  di- 
minution can  properly  attend  the  main  items  constituting 
the  State's  expenditures.  Minor  and  yet  larger  sums  are 
annually  expended  for  salaries — printing  and  the  like — and 
to  some  extent,  it  may  be  practicable  to  reduce  their  aggre- 
gate. 

WAR     FUND. 

From  State  Tax,  1869 $283,000  00 

"  State  Tax,  1869  (credited  War  Fund) 57,00000 

"  Unit.-d  ;Stat«-s 25,030  42 

Balance  December  1,  1869 1,436  81 

$366,457  23 
And  has  disbursed: 

To  (Jeneral  Sinking  Fund $283,000  00 

"  Soldiers'  Children's   Home 32,513  50 

"  Home  for   Disabled  Soldiers 28,227  84 

"  State  Militia ' 20,580  39 

"  Other  objects 1,069  00 

"  Balance  October  31,   1860.  .      , 1,067  50 


$366,457  23 

f 

Largely  through  the  assiduous  attention  of  the  Quarter- 
master General  of  the  State,  who  has  had  charge  of  the  un- 
settled accounts  between  this  State  and  the  United  States, 
we  have  been  enabled  to  collect  the  sum  of  $25,030.42,  the 
past  year.  This  makes  a  total  of  $52,570.87,  obtained  from 
this  source,  since  the  accounts  with  the  Federal  Government 
were  considered  liquidated. 

The  cost  of  maintaining  the  Home  for  Soldiers'  Children 
is  lessened  about  thirty  per  cent.,  while  the  payments  in  be- 
half of  the  Home  for  Disabled  Soldiers  have  considerably 
increased. 
18 


138 

The  repots  of  the  managers  of  these  institutions  being 
in  your  possession,  in >  further  reference  will  be  made  to  their 
affairs,  than  to  commend  them  to  your  attention,  with  the 
opinion  that  no  more  extended,  deserved,  or  humane  service 
is  rendered  by  the  State,  cost  considered,  than  by  these  in- 
stitutions. 

It  has  been  suggested  that  the  expenditure  at  the  Soldiers' 
Home  might  prove  of  more  permanent  and  discriminating 
benefit  if  distributed  judiciously  among  our  disabled  and 
impoverished  soldiers,  or  their  families,  throughout  the 
State,  instead  of  confining  the  beneficence  so  largely  to  a 
single  locality. 

GENERAL    FUNDS. 

The  Commissioners  of  the  Sinking  Fund  report : 

Assets  on  Land $1,116,<5U5    10 

Being  in  excess  of  1869 70,(j7.~)  .".() 


The  outstanding  indebtedness  of  the  State  (War  Fund)  on 

the  31st  of  October  was $2,996,203  00 

From  which  deduct  assets  in  hands  of  Commissioners 1.115,0<i~>  -1  - 


Leaving  an  indebtedness  beyond  assets $1,880,5!)-!  5S 

The  affairs  of  this  commission  continue  to  be  managed  in 
accordance  with  the  highest  character  of  the  gentlemen  to 
•whom,  the  State  has  confided  the  custody  of  its  sacred  fand. 

The  bonds  of  tlie  State  cannot  be  advantageously  pur- 
chased by  the  Commissioners  on  account  of  the  high  pre- 
mium they  bear.  Of  the  assets  held  by  the  Commissioners, 
$337,4:00  are  in  the  bonds  of  the  State,  the  residue  being 
composed  principally  of  loans  secured  by  mortgages  within 
the  State. 

STATE    FUND. 

The  "  State  Fund,"  comprised  as  it  is  of  bonds  and  stocks 
of  railway  companies,  county  bonds,  &c.,  now  amounts  to 
$1,587,370.44. 


139 

If  to  tins  amount  be  added  the  sum  in  the  hands  of  the 
Commissioners  of  the  Sinking  Fund,  an  aggregate  of 
SL'.  702,975.86  is  had,  or  an  amount  more  than  sufficient  to 
cancel  the  entire  obligations  of  the  State  of  all  kinds. 

SCHOOL    FUND. 

The  fund  has  n-rrivrd  during  the  year $98,154  50 

And  disbursed 93,516  59 


Leaving  on  hand $4,6:57  97 

The  change  in  the  termination  of  the  fiscal  year  tempora- 
rily affects  this  exhibit,  as  will  be  seen  by  the  report. 

Its  securities  now  amount  to  $561,121.47.  safely  invested. 
As  the  Constitution  prohibits  any  diversion  of  moneys  once 
allotted  to  the  School  Fund,  it  becomes  very  important  that 
legislation  looking  to  its  increase  should  be  can-fully  con- 
sidered. .\"  a>-ets  of  the  State  that  are  not  fully  secured 
should  ever  be  placed  within  a  fund  which,  once  possessing 
them,  places  them  beyond  the  reach  of  legislative  change  or 
protection. 

With  the  large  and  increasing  amount  contributed  toward 
the  support  of  public  schools  by  local  taxation — an  amount 
now  nearly  sufficient  to  render  all  these  schools  free  in  their 
character — there  seems  to  me  no  necessity  for  rapidly  aug- 
menting the  total  of  the  School  Fund  while  so  many  other 
objects  of  the  State'.-  care  are  in  need. 

The  Fund  of  the  Agricultural  College  remains  as  here- 
tofore, and  unless  increased  by  special  appropriation  will  so 
continue. 

IM  PARIAN    COMMISSION. 

Under  the  financial  head  it  has  been  stated  that,  from  the 
operations  of  this  Commission,  the  sum  of  $76,500  has  been 
received  during  the  year.  A  much  larger  amount  would 
have  been  obtained,  no  doubt,  but  for  the  judicious  deter- 
mination of  the  Commissioners  not  to  issue  further  grants 
pending  the  decision  of  test  cases  in  the  courts  of  this  State, 


140 

and  in  those  of  New  York.  These  have  been  lately  ren- 
dered, establishing,  by  the  New  York  decision,  the  right  of 
New  Jersey  to  claim,  control,  and  dispose  of  the  water  or 
shore-front  privileges  known  as  "  Riparian."1 

This  decision,  rendered  by  the  highest  judicial  tribunal  of 
the  State  of  New  York,  recognizes  to  the  fullest  extent  all 
that  New  Jersey  has  claimed  as  to  jurisdiction  and  control 
of  her  shore-front. 

The  decision  recently  given  by  the  Court  of  Errors  and 
Appeals  of  this  State  settles  conclusively,  so  far  as  the  State 
courts  can  decide,  the  long  disputed  question  of  the  rights  of 
riparian  or  shore  owners  as  against  the  State.  Thus  it  be- 
comes established  that  the  ownership  of  the  bed  of  all  nav- 
igable streams  is  in  the  State  alone  ;  and  that  the  State  is  in 
no  sense  a  mere  trustee  of  a  property  of  value  to  some  of 
her  citizens,  and  of  no  interest  to  others. 

The  decision  is  conclusive  against  the  claims  heretofore 
generally  made  by  riparian  owners  of  superior  right  to  the 
use  of  adjoining  waters  for  the  purpose  of  fishing,  bathing, 
or  the  like,  and  only  concedes  such  owner  a  right  in  com- 
mon with  other  citizens,  the  only  advantage  to  the  owner 
being  his  natural  adjacency  to  such  privileges.  It  also  de- 
nies to  shore  owners  any  right  to  dock,  or  build  out,  or  fill 
in,  the  property  adjoining  the  shore  front — except  express 
permission  be  given  by  the  State.  Natural  accretions  to  the 
soil  belong  to  the  shore  owner. 

It  is  also  held  that  the  State  may  grant  an  absolute  title 
to  the  lands  under  water,  with  full  power  to  fill  them  in  and 
use  them  in  front  of  any  riparian  owner  without  granting 
any  compensation  therefor,  or  incurring  responsibility  for 
the  destruction  of  such  owner's  water  privileges. 

Complete  and  final  as  is  this  decision  in  favor  of  the 
State,  I  should  deem  it  most  unwise  in  policy,  and  unjust  to 
a  large  class  of  citizens,  who  have  inherited  or  purchased 
these  water-fronts — under  the  common  impression  of  their 
superior  value — to  take  advantage  of  the  power  the  State 
has  secured. 

Now  that  all  doubt  as  to  title  is  decided,  the  value  of 


141 

most  of  the  shore-front  is  so  materially  enhanced,  that  the 
riparian  owner  may  obtain  a  price  for  his  property,  in 
excess  of  its  previous  value,  and  the  State's  demand  com- 
bined. Thus  it  occurs,  that  whilst  the  State  will  receive  a 
large  revenue  from  the  shore  lands  leased  or  disposed  of, 
should  we  continue  the  just  policy  of  preferring  the  riparian 
owner  in  leases  or  sales,  his  interests  need  not  suffer  pecu- 
niary damages,  except  in  rare  cases. 

It  is  impossible  to  state  what  revenue  from  this  source 
may  be  expected  in  the  future,  but  it  will  certainly  be  so 
considerable  as  to  materially  lighten  the  burthen  of  State 
taxation. 

I  cordially  concur  in  the  recommendation  of  the  Riparian 
Commissioners,  to  give  to  Jersey  City  ample  frontage  for 
constructing  public  wharves  and  piers. 

EIHVATIoXAL    MATTERS. 

Under  our  system  of  public  schools,  there  have  been  en- 
rolled during  the  year  one  hundred  and  sixty-one  thousand 
six  hundred  and  eighty-three  scholars  (161,683),  or  nearly 
one  fifth  of  the  entire  population  of  the  State.  The  cost  of 
maintaining  these  institutions  has  been  one  million  six  hun- 
dred and  sixty-four  thousand  six  hundred  and  fifty-nine  dol- 
lars and  three  cents  ($1,664-,659.03).  These  moneys  are 
principally  the  product  of  taxes,  self-imposed,  under  the 
terms  of  the  school  law.  Of  one  thousand  four  hundred 
and  iifty -eight  (1,458)  school  districts,  eight  hundred  and 
seven  (^<>7i  are  absolutely  free,  whilst  in  those  not  so,  the 
comparatively  small  jsum  of  seventy-one  thousand  eight 
hundred  and  sixty  six  dollars  and  two  cents  ($71,866.02)  is 
had  from  tuition  tees.  In  view  of  the  close  approximation 
of  our  school  system  to  a  perfectly  free  one,  and  for  other 
reasons  fully  set  forth  in  the  interesting  report  of  the  State 
Board  of  Education,  it  is  recommended  that  power  be  given 
so  to  advance  the  maximum  rate  of  taxation  permitted  by 
law  as  to  render  the  public  schools  of  the  State  absolutely 
free.  In  this  recommendation  I  concur. 


142 

The  value  of  school  property  in  the  State  is  three  million 
six  hundred  and  seventy-seven  thousand  four  hundred  and 
forty-two  dollars  ($3,677,442.)  The  total  number  of  children 
in  the  State  between  the  ages  of  live  and  eighteen,  is  two 
hundred  and  fifty-eight  thousand  two  hundred  and  twenty- 
seven  (258,227).  The  increase  in  their  attendance  at  public 
schools  is  eight  thousand' eight  hundred  and  eighty-eight 
(8,888)  for  the  year.  The  total  number  of  children  attend- 
ing private  schools,  is  thirty-two  thousand  four  hundred  and 
fortv-seven  (32,447),  which,  added  to  the  number  attending 
public  school,  makes  an  aggregate  of  one  hundred  and 
ninety-four  thousand  one  hundred  and  thirty  (194,130),  or 
nearly  four-fifths  of  all  the  children  of  the  State  between 
the  ages  of  five  and  eighteen. 

We  may  iairly  claim  that  the  education  of  youth  is  almost 
universal  within  our  borders. 

The  report  of  the  State  Normal  School  continues  to  show 
the  increasing  prosperity  and  usefulness  of  that  admirably 
managed  institution  and  its  adjuncts. 

The  Farnum  School  at  Beverly  has  had  two  hundred  and 
eighty-one  pupils  (281)  pupils  in  attendance  during  the  year. 
The  Normal  School  has  had  five  hundred  and  sixty-three 
pupils.  This  institution  has  not  only  been  self-sustaining, 
but,  by  its  surplus  earnings,  has  enabled  the  State  to  become 
possessed  of  buildings  and  grounds  which  are  now  valued  at 
one  hundred  and  twenty-five  thousand  dollars  (Si  _!.\000), 
and  are  well  located  and  adapted  to  the  purposes  of  their 
erection. 

The  Normal  School  Jias  numbered  two  hundred  and 
ninety-two  (292)  scholars  during  the  year.  No  better  attes- 
tation of  the  benefits  flowing  from  this  institution  can  be 
furnished,  perhaps,  than  is  contained  in  the  fact  of  a  con- 
stant and  full  demand  by  the  school  districts  of  the  State  for 
teachers  from  its  well  educated  and  disciplined  graduates. 
A  statement  of  special  interest  to  our  people  will  be  found 
in  the  detailed  history  of  the  boarding-house  system, 
adopted  by  the  trustees  of  the  Normal  School.  Briefly 
stated,  within  four  years,  grounds  and  buildings  have  been 


143 

purchased,  having  a  total  value  of  over  forty  thousand  dol- 
lars (.-<4'i,(iiHM,  more  than  one-halt  of  which  has  been  liqui- 
dated from  the  profits  of  the  institution,  beside  giving  a 
comfortable,  cheap  and  convenient  home  for  the  pupils.  In 
view  of  the  success  that  has  attended  the  management  of  all 
the  departments  of  the  Normal  School,  it  would  be  a  mis- 
nomer to  call  it  a  beneficiary  of  the  State.  I  commend  the 
detailed  report  to  your  especial  notice,  a-  exhibiting  an  in- 
stance of  fidelity  in  the  management  of  a  public  institution. 

»  [EHTIFIC    SCHOOL    AND    At. KIM  I.TTKAL   OOLLBGB. 

A-ide  from  noting  the  continued  prosperity  of  this  insti- 
tution, in  which  the  State  has  so  considerable  an  interest, 
there  is  no  change  of  moment  to  remark  in  its  affairs,  save 
a  necessary  increase  in  the  faculty  of  the  college,  and  exten- 
sion of  the  two  principal  courses  of  study  from  three  to  four 
years. 

This  extension  will  permit  the  introduction  of  studies  of  a 
more  general  educational  character,  and  offers  an  additional 
inducement  to  our  citizens  to  avail  themselves  of  an  oppor- 
tunity by  which  their  sons  may  be  educated  as  liberally  and 
economically  as  at  any  institution  in  the  country. 

State  scholarships  are  filled  upon  the  recommendation  of 
county  superintendents  of  schools.  It  should  be  made  the 
duties  of  these  officers  to  report  graduating  scholars  who  are 
prepared  for  a  course  at  the  scientific  school. 

I.INATIC   ASYLI'M. 

The  affairs  of  the  Asylum  are  managed  as  satisfactorily  as 
the  crowded  condition  of  its  departments  permit.  It  is  im- 
possible for  the  State  to  longer  delay  defining  its  policy 
regarding  this  institution,  and  do  justice  to  the  unfortunate 
persuiis  in  the  State  who  claim  and  deserve  its  benefits. 
Two  plan-  seem  to  have  divided  the  managers  and  recent 
legi.-latures,  and  thus  nothing  has  been  accomplished  toward 
increasing  the  acconiodations  at  the  Asylum. 

The  legislative  plan  has  looked  to  an  expenditure  of  fifty 


144 

or  one  hundred  thousand  dollars  (850,000  or  $100,000)  for 
buildings  and  conveniences  suitable  to  the  care  and  comfort 
of  the  insane,  but  directly  connected  with  the  present  build- 
ing. It  has  been  urged  by  its  advocates  that  such  an  ex- 
penditure would  probably  give  all  the  additional  room 
needed  for  many  years,  would  be  under  one  superintendence, 
and  in  most  ways  conduce  to  convenience  and  economy. 

The  superintendent  has  objected  to  this  plan,  and  again 
gives  forcible  reasons  therefor,  which  I  commend  to  your 
attention.  His  recommendation  substantially  calls  for  the 
erection  of  a  new  asylum  in  near  proximity  to  the  present 
one,  and  largely  subject  to  the  control,  management  and 
economy  of  the  present  institution. 

An  expenditure  of  one  hundred  thousand  dollars  ($100,- 
000)  per  year,  for  five  or  six  years,  would  be  necessary  to 
carry  out  the  superintendent's  recommendation,  and  finan- 
cially situated  as  the  State  has  heretofore  been,  it  was 
deemed  (inadvisable  to  enter  upon  so  large  an  expenditure, 
even  for  a  purpose  so  humane  and  deserving. 

It  has  seemed  difficult  for  the  managers  themselves  to 
fully  and  definitely  conclude  how  far  these  respective  plans 
were  correct,  and  I  have  only  therefore  to  recommend  that 
the  whole  subject  be  promptly  considered  and  an  appropria- 
tion be  made  so  liberal  as  to  maintain  the  prominent 
character  New  Jersey  has  ever  had  for  the  care  and  comfort 
and  recovery  of  this  class  of  our  afflicted  people. 

The  reports  of  the  institution  fully  show  the  necessity  of 
immediate  action  by  your  honorable  bodies;  exhibit  the 
work  and  expenses  of  the  year,  and  the  large  benefits  of  the 
institution  to  the  insane  portion  of  our  population. 

STATE    PRISON. 

Tlic  expense  of  maintaining   tin-  prisoners  for  the  period  of 

ten  months   was    $61.042  51 

The  earnings  were .Vs.:;:!!    :!7 


Showing  a  deficit  of $3,410  84 


145 

To  those  who  have  been  informed  heretofore  on  State 
Prison  affairs,  this  simple  financial  statement  tells  its  own 
story. 

The  aggregate  loss  at  the  prison  for  the  five  years  from 
1804:  to  18G9  was  nearly  two  hundred  and  forty  thousand 
dollars  (*:240,000j — or,  equal  to,  say,  fifty  thousand  dollars 
(sr.iMiOO)  per  year — whilst  the  entire  loss  to  the  State, 
under  the  present  management,  is  but  ten  thousand  three 
hundred  and  seventy-two  dollars  and  fifty-one  cents  (*!",- 
::7±">lj  for  the  nineteen  months,  beginning  with  April  1, 
1869.  Nor  is  the  gain  a  pecuniary  one  alone.  Better  dis- 
cipline has  never  been  maintained,  nor  fewer  complaints  of 
treatment  been  rendered  by  prisoners  or  their  friends.  As 
iar  as  prisoners  are  reformatory  in  their  character,  I  believe 
the  management  of  our  State  Prison  accomplishes  this 
result  through  firm,  uniform,  and  kind  treatment.  The  new 
workshop  is  completed  and  in  profitable  use.  All  the  prison- 
er.- able  to  work  are  now  employed,  and  with  such  advantage 
as  to  leave  no  doubt  that  hereafter  the  prison  labor  will  at 
least  bear  the  entire  expense  of  maintaining  the  convicts- 
As  this  successful  sy.-tem  was,  in  its  inauguration,  the  result 
of  the  efforts  of  prominent  members  of  both  political  par- 
ties, I  sincerely  hope  its  management  may  only  be  entrusted 
to  persons  of  equal  fidelity  and  skill  with  the  present 
officers. 

The  new  wing  to  the  Prison  is  being  constructed  as 
rapidlv  as  possible,  and  is  needed  for  the  retention  of  con- 
vict-. In  many  cases  pardons  have  been  granted  to  make 
room  for  greater  offenders.  An  appropriation  will  be 
needed  to  complete  this  building. 

I  commend  all  the  reports  of  the  officers  of  this  depart- 
ment to  your  special  notice. 

A  report  will  accompany  this  message,  emanating  from 
Mr.  Daniel  llaines.  \Y.  R.  Murphy,  and  Samuel  Allison, 
who  were  appointed  Commissioners  to  attend  the  meeting 
of  the  National  Cougres.-  on  Prison  Reform,  held  at  Cincin- 
nati. The  report  is  filled  with  interesting  and  valuable 
information. 
19 


146 


REFORM    SCHOOL. 

The  State  Reform  School  for  boys,  located  at  Jamesburg, 
is  accomplishing  all  its  advocates  claimed  for  it.  No  ex- 
penditures made  by  the  State  brings  better  results. 

Boys,  heretofore  committed  to  ordinary  prisons  for  petty 
offences,  were  contaminated  by  associations  with  old  con- 
victs, and  np«>n  being  released  were  often  more  deeply 
versed  in  criminal  ways  than  before  imprisonment.  Under 
the  Reform  School  system  they  are  sufficiently  constrained, 
usefully  instructed,  physically  and  mentally,  and  cared  for 
in  their  religious  training.  All  this  is  accomplished  in  a 
manner  calculated  to  develop  the  higher  qualities  of  their 
natures,  and  repress  evil  tendencies,  whether  natural  or  cul- 
tivated. I  am  convinced  the  number  of  adult  convicts  in 
our  prisons  will  only  be  lessoned  when  the  State  has  fully 
provided  for  the  care  and  reformation  of  petty  and  youthful 
offenders. 

The  experience  of  our  reform  school  compels  me  to  be- 
lieve that  the  State  which  fails  to  provide  adequate  reform- 
atory facilities  for  young  offenders,  shares,  in  a  degree, 
the  responsibility  of  their  later  and  greater  violations  of 
the  law. 

If  it  be  wisdom — as  it  certainly  is — to  expend  hundreds 
of  thousands  of  dollars  each  year  to  educate  our  children, 
so  they  may  not  fall  into  crime  through  ignorance,  it  is 
equally  wise  to  expend  largely  to  reform  the  unfortunates 
who  are  within  reach  of  reclamation. 

No  provision  has  been  made  by  the  State  for  a  school  in 
which  to  reform  girls.  A  considerable  number  are  now 
confined  in  our  State  and  county  prisons,  two  or  more  at 
the  State  Prison  less  than  ten  (10)  years  of  a^e.  Many 
youthful  female  offenders  fail  to  be  imprisoned  because  the 
courts  doubt  the  benefit  of  compelling  female  children  to 
prison  association.  I  recommend  an  appropriation  for  the 
immediate  erection  of  a  reform  school  for  girls. 


147 


MILITIA. 

The  entire  number  of  company  organizations  authorized 
by  law  is  now  complete,  save  in  certain  counties  that  have 
omitted  to  avail  themselves  of  the  privilege  of  raising  at 
least  one  compamr.  The  cost  of  maintaining  the  militia 
for  the  year  was  twenty-six  thousand  one  hundred  and 
twenty-six  dollars  and  fifty-five  cents  ($26,126.55).  Under 
the  present  law  it  is  claimed  that  the  State  has  "  a  compact, 
well-officered,  drilled  and  disciplined  body  of  men,  available, 
at  any  time,  for  effectual  service." 

As  soon  as  the  war  department  decides  upon  the  kind  of 
breech-loading  rifle  it  will  adopt,  our  Springfield  muskets 
will  be  converted  into  such  weapons,  or  sold,  and  the  pro- 
ceeds applied  to  their  purchase.  Pending  such  decision  at 
Washington,  I  have  declined  to  authorize  any  change  of 
arms. 

THE   PILOT   SYSTEM 

Of  the  State  is  in  the  hands  of  an  efficient  and  intelligent 
board  of  commissioners. 

Their  report  shows  the  number  of  pilots  of  all  kinds 
licensed  by  the  State  as  fifty-seven  (57) ;  number  of  pilot 
boats,  six  (6) ;  number  of  vessels  piloted,  one  thousand  two 
hundred  and  twenty-eight  (1,228).  I  adhere  to  my  pre- 
viously stated  convictions,  that  the  security  of  life  and 
property  requires  the  enforcement  of  the  laws  of  pilotage. 
That  this  can  be  done  without  detriment  to  that  class  of 
our  citizens  who  are  masters  and  owners  of  vessels,  and 
having  competent  knowledge,  desire  to  act  as  their  own 
pilots,  it  need  only  be  stated  that  a  pilot's  commission  will 
be  issued  by  the  board  at  a  cost  of  less  than  five  dollars, 
upon  the  applicant  passing  suitable  and  not  unnecessary 
examination. 


148 


CENSUS   MATTERS. 

The  complete  report  of  the  labor  of  the  Census  Bureau 
has  not  heen  attainable  b}r  the  authorities  of  the  State.  It 
is  sate  to  say  that  our  population  exceeds  nine  hundred 
thousand  (900,000),  which  ranks  us  seventeenth  among  the 
States.  New  Jersey  has  increased  in  greater  ratio  than  any 
State  east  of  Ohio,  and  is  more  densely  populated,  territory 
considered,  than  any  of  the  States,  save  two.  Of  all  the 
States  she  pays  more  taxes  to  the  federal  government  pro- 
ratably — has  a  larger  value,  per  acre,  to  her  land — more 
wealth  to  each  inhabitant,  if  equally  distributed— as  trw 
children,  probably,  not  receiving  the  advantages  of  educa- 
tion as  any  State  in  the  Union — while  in  railway  and  trav- 
eling facilities,  population  and  territory  considered,  she  is 
the  peer  of  any  State.  Notable  as  this  progress  has  been, 
it  is  not  hazarding  too  much  to  say,  that,  with  our  great 
mineral  resources  developing  the  peculiar  advantages  our 
location  offers  to  manufacturing  enterprises,  and,  beyond 
all,  the  great  agricultural  and  commercial  advantages  pos- 
sessed by  us,  New  Jersey,  ere  long,  will  rank,  compara- 
tively, first  among  the  States  in  wealth,  intelligence  and 
prosperity. 

ELECTIVE   FRANCHISE. 

I  earnestly  urge  upon  }7our  attention  such  amendments 
to  existing  election  laws  as  will  tend  to  secure  at  the  ballot- 
box  a  pure  and  free  expression  of  the  public  will.  Our 
present  laws  are  almost  a  dead  letter.  Members  of  both 
political  parties  have  probably  rendered  themselves  so  liable 
to  legal  penalties,  that,  as  if  by  common  consent,  no  prose- 
cutions are  had.  The  evils  which  flow  from  the  corruption 
of  the  ballot  can  scarcely  be  exaggerated.  Insiduous  in 
their  nature,  they  are  working  far  more  of  danger  to  the 
government  than  foreign  or  internal  strife  have  ever  accom- 
plished. By  disrespect  shown  to  law,  corruption  of  the 
ballot  lowers  and  taints  the  public  morals — compels  the  full 


149 

surrender  of  all  places  of  honor  or  profit  to  those  who  are 
not  only  rich,  but  unscrupulous — demoralizes  and  nearly 
reduces  to  serfdom  a  portion  of  the  poorer  class,  by  the  offer 
of  almost  ir  resist  able  temptations,  exceeding  in  amount,  fre- 
quently, the  waives  of  weeks  of  hard  labor  for  the  perform- 
ance of  a  single  act,  by  which,  through  ignorance  of  the 
real  issues  of  parties,  no  political  principal  is  fairly  deter- 
mined by  the  corrupted  voter.  If  the  ignorant  voter  err, 
the  distinction  between  right  and  wrong  in  the  exercise  of 
the  franchise  being  so  subtly  and  delicately  drawn,  the  State 
should,  by  plain  enactment  and  rigid  enforcement,  compel 
a  knowledge  of  salutary  punishment. 

The  second  article  of  our  State  constitution  provides  ex- 
pressly that  '"  the  legislature  may  pass  laws  to  deprive  per- 
sons of  the  right  of  suffrage  who  shall  be  convicted  of 
bribery  at  elections.'' 

In  view  of  the  great  and  acknowledged  evil  the  corruption 
of  our  voting  population  is  working,  I  recommend  the  pa.->age 
of  a  law  disfranchising  any  person  who  may  attempt  to 
bribe,  or  bribe  another,  or  be  himself  bribed — rendering 
either  party  to  the  offence  a  competent  witness  against  the 
other,  without  incurring  legal  responsibility. 

I  also  recommend  that  a  corporation  against  which  it 
shall  be  proven  that  money  has  been  contributed  for  the 
election  of  any  State  or  other  officer,  under  our  laws,  shall 
forfeit  its  charter  ;  and  that  all  managing  officers  of  such 
corporation,  if  residents  of  this  State,  shall  be  disfranchised, 
and  if  non-residents,  they  shall  be  rendered  incapable  of 
rendering  any  official  aet  within  our  jurisdiction.  If,  added 
to  these  guards,  and  such  others  as  your  wisdom  may  sug- 
gest, it  be  made  the  specific  duty  of  every  grand  jury  to 
diligently  inquire  into  the  observance  of  this  law,  we  may 
safely  look  for  the  fair  correction  of  a  most  dangerous  evil. 

IMI'ERKECT  LEGISLATION. 

Since  the  publication  of  last  session's  laws,  a  question  has 
arisen  as  to  the  actual  passage  of  one  of  the  number. 


150 

A  decision  of  our  highest  court  has  declared  inquiry  as 
to  the  facts  to  be  inadmissible  in  such  a  case,  the  legal  pre- 
sumption being  that  all  acts  published  under  authority,  had 
been  properly  legislated  upon. 

Additional  safeguards  should  be  put  about  legislative  acts, 
no  doubt — but,  none  to  be  desired,  will  prove  half  so  effec- 
tive as  the  reading  of  each  bill  full  and  complete,  as  the 
constitution  requires.  At  the  last  session  of  the  legislature, 
more  bills  were  presented  for  my  approval  during  the  last 
two  days  of  the  session,  than  were  submitted  in  all  the  pre- 
vious days  of  meeting. 

Many  of  these  bills,  I  have  since  been  informed,  were  not 
subjected  to  a  single  reading  in  either  House,  but  were 
passed  by  their  title. 

Desiring  to  assist  in  correcting  a  most  dangerous  practice 
in  legislation,  I  shall  feel  it  my  duty  hereafter  to  decline 
giving  my  approval  to  any  bill  that  is  finally  passed  upon 
its  title — and,  shall  also  feel  compelled  to  withhold  my 
signature  from  any  private  act  passed  upon  during  the 
last  two  days  of  the  legislative  session.  Pursuino;  this 

«/  cj 

course,  the  executive  is  permitted  to  return  to  the  legisla- 
ture such  bills  as  fail  to  meet  his  approval,  giving  his 
reasons  therefor.  Under  the  pretent  practice,  not  only 
one-half  of  the  work  of  the  session  is  left,  but  by  far  the 
most  important  portion,  in  the  absolute  control  of  the 
executive.  It  was  never  intended  by  the  framers  of  our 
State  constitution  to  lodge,  by  indirection  even,  such 
enormous  powers  with  the  executive,  nor  do  I  believe  it  a 
prudent  custom  to  establish. 

EMERGENCY — POWER   TO    EXECUTIVE. 

Upon  a  recent  occasion,  two  of  the  most  important  lines 
of  railway  in  the  State  were  rendered  inoperative  fur  many 
hours,  because  of  different  constructions  put  upon  contracts 
by  the  respective  managers  of  the  railways  concerned.  It 
thus  occurred  that  thousands  of  citizens  of  this  and  other 
States  were  most  seriously  incommoded,  a  public  thorough- 
fare unlawfully  closed,  a  large  number  of  the  employees  of 


151 

the  contending  parties  placed  in  imminent  danger  of  colli- 
sion, and  a  crowd  of  curious  and  uninterested  persons 
brought  in  close  proximity  to  danger. 

It  seemed  to  me  that  corporations  who  owed  to  the  State 
their  rights  within  it,  also  owed  respect  to  the  rights  of  its 
citizens,  and  that  the  continued  omission  for  a  long  time  to 
open  a  great  line  of  travel,  because  some  corporate  advan- 
tage was  to  be  lost  or  gained  by  such  omission,  was,  in 
effect,  an  indignity  to  the  Commonwealth,  and  a  trespass 
upon  the  rights  of  citizens;  added  to  this  view,  the  danger 
to  the  public  peace  was  considered  more  imminent  than 
upon  any  occasion  within  the  state  for  many  years. 

Although  I  failed  to  find  specific  authority  within  our 
laws  for  interference,  I  deemed  it  proper,  in  view  of  the 
circumstances  narrated,  to  prepare  to  take  temporary  pos- 
session of  so  much  of  the  works  of  the  companies  as  should 
be  necessary  to  open  the  lines  of  public  travel,  protect  the 
general  interest,  and  preserve  the  peace. 

X<  >t withstanding  this  assumption  of  authority,  scarcely 
justified  in  my  mind,  and  dangerous  in  precedent,  I  believe 
that  public  opinion  demanded  and  sustained  the  act.  But 
the  exercise  of  no  extraordinary  power  should  be  left  to  the 
personal  disposition  or  varying  judgment  of  Executives. 
"Where  authority  is  proper  to  be  exercised  it  should  be 
clearly  defined  in  its  terms,  and  obligatory  in  its  character. 
That  no  doubt  may  hereafter  arise,  should  a  similar  emer- 
gency occur,  I  recommend  such  legislation  as  your  honora- 
ble bodies  may  deem  needful  to  protect  the  public  interests 
in  the  future. 

GENERAL    LAWS. 

l'n necessary  and  defective  as  much  of  the  labor  of  legis- 
lation of  late  years  has  been,  its  general  tendency  has  been 
to  promote  the  interests  of  the  Commonwealth.  That  the 
large  amount  of  useless  and  pernicious  legislation  passed 
upon,  has  not  been  perverted  to  bad  purposes,  is  rather  due 
to  a  righteously  interpreting  judiciary,  and  wholesome  pub- 
lic sentiment,  than  to  any  extraordinary  care  on  the  part  of 
legislators. 


152 

Since  my  induction  to  office,  no  public  evil  has  appealed 
to  me  more  strongly  for  redress  than  the  one  of  hasty,  ill- 
considered,  and  worse  than  useless  legislation.  The  desire 
to  legislate  upon  every  conceivable  pretext,  to  encumber  our 
statute  books,  and  confuse  our  courts  with  interminable 
issues,  seems  inappeasable. 

There  is  but  one  efficient  remedy  for  such  an  cvib 
and  that  lies  in  the  prompt  adoption  by  your  bodies 
of  a  system  of  general  laws —simple  in  form,  convenient 
and  inexpensive  in  their  operation,  affording  no  reasonable 
pretext  for  special  legislation.  Where  such  legislation  is 
had,  it  should  be  made  to  compensate  the  State  fully  for  the 
cost  and  trouble  incurred.  It  is  difficult  to  conceive  why 
any  man,  or  body  of  men,  should  receive  special  grants  or 
favors  from  the  Legislature,  that  are  not  equally  free  to  all 
other  men,  or  bodies  of  men.  If  in  earlier  days  the  pro- 
tective policy  that  special  legislation  represents,  was  neces- 
sary to  foster  enterprise,  no  such  reasoning  holds  good  now. 

Capital  can  only  properly  demand  that  it  shall  not  be 
legislated  against ;  for  the  rest,  like  individual  labor,  it 
must  take  its  chances. 

An  evil  long  felt,  and  now  becoming  almost  unendurable, 
is  the  lobby  system,  mainly  the  offspring  of  special  legisla- 
tion. The  system  fathers  a  class  of  shrewd  men,  who, 
zealous  of  success,  resort  to  means  first  questioned,  next 
accepted,  and  thus  becoming  blunted  to  quick  perception  of 
right  and  wrong,  these  men,  in  turn,  attempt  to  pervert  the 
minds  of  others,  and  they  the  law  makers.  With  special 
legislation,  as  an  occasional  act,  this  whole  system  would 
naturally  die. 

A  code  of  general  laws  has  been  prepared  by  direction  of 
your  predecessors  ;  and,  though  your  honorable  bodies  mav 
not  concur  in  all  the  suggestions  therein  contained,  you  will 
not  fail  to  find  abundant  material  from  which  to  adopt  one 
desirable  in  character,  and  beneficial  in  results. 

May  I  urge  upon  your  early  attention  to  this  important 
subject?  The  work  is  so  far  prepared,  as  to  enable  you  to 
consider  its  adoption,  from  the  opening  of  your  sessions. 


153 


CONSTITUTIONAL    AMENDMENT. 

Since  my  last  annual  message,  an  Amendment  to  the 
Federal  Constitution  has  been  declared  adopted,  which  for- 
bids the  exclusion  of  any  person  from  the  privilege  of  suf- 
frage on  account  of  race,  color,  or  previous  condition  of  ser- 
vitude. This  important  issue  being  thus  decided,  it  is  not 
probable  it  will  again  become  a  matter  of  serious  political 
controversy.  The  courts  are  not  likely  to  unsettle  the 
present  status  by  any  decision  of  theirs  ;  nor  is  it  probable 
any  political  organization  will  deem  it  proper  or  politic  to 
attempt  the  subversion  of  the  principle  adopted  by  recourse 
to  the  prescribed  and  difficult  constitutional  mode.  How- 
ever sincerel}',  therefore,  any  portion  of  our  people  may 
have  opposed  the  suffrage  amendment,  or  with  whatever 
misgiving  they  look  to  the  exercise  ot  the  privilege  by  the 
colored  race,  the  fact  remains  that  these  people  are  voters 
— accepted  as  such — and  will,  through  their  numbers,  con- 
tinue to  exercise  a  considerable  influence  upon  the  welfare 
of  the  State.  That  statesmanship  has  ever  seemed  wisest  to 
me,  that,  accepting  the  inevitable,  aimed  with  practical  pur- 
pose to  turn  existing  facts  to  the  State's  best  advantage. 

Politically,  no  advantage  is  ever  obtained  by  useless  pro- 
tests against  accepted  facts.  What  was  obligatory,  earnest 
and  dignified,  pending  the  decision  of  a  great  issue,  becomes 
puerile  once  the  question  is  passed  from  the  limits  of  debate 
to  the  region  of  fact.  Except  as  a  portion  of  the  political 
history  of  our  government,  from  which  we  may  take  such 
warning  or  example  as  time  and  experience  suggest,  the  re- 
cently declared  suffrage  amendment  seems  to  preclue  profit- 
able discussions  as  to  its  merits.  That  its  adoption  brings 
no  substantial  political  advantage  to  the  colored  race  is 
manifest.  Aside  from  the  use  of  their  numerical  strength  as 
voters,  position  is  denied  to  the  most  capable  of  their  num- 
ber, by  both  political  parties  in  the  old  free  States. 

Continued,  this  condition  of  affairs  will  demonstrate  that 
20 


154 

as  a  race  they  have  simply  passed  from  the  wrongs  of 
slavery  to  serfdom  of  party. 

Public  opinion,  as  recently  expressed  in  States  and  locali- 
ties, where  the  colored  people  are  most  numerous,  gives  no 
indication  of  an  abatement  of  the  proverbial  antagonism  of 
our  races. 

To  insure  the  unity  and  prosperity  of  a  nation,  its  people, 
possessing  equal  political  rights,  should  be  homogeneous. 
Failing  in  this  essential,  the  addition  of  incongruous  ele- 
ments becomes  a  source  of  weakness.  If  the  real  strength 
of  a  government  is  to  be  found  in  the  number  of  its 
electors,  and  suffrage  is  a  natural  right,  and  not  a  privilege 
bestowed  by  the  state,  there  is  a  grievous  wrong  being  done 
to  that  portion  of  our  population,  naturally  the  purest  and 
best,  who  are  excluded  from  voting  on  account  of  their  sex. 
It  seems  to  me  there  is  no  theory  more  dangerous  to  the 
stability  of  our  government  than  that  contained  in  the 
asserted  right  of  suffrage ;  nor  is  there  any  stronger  evi- 
dence of  the  weakness  of  the  theory  than  is  found  in  the 
illogical  treatment  by  its  advocates  of  the  question  of  female 
suffrage. 

I  have  stated  that  there  seemed  no  diminution  of  the  an- 
tagonism of  the  races.  Notwithstanding  the  conviction  I 
have  that  time  will  not  materially  change  this  inbred  feel- 
ing, it  seems  to  me,  now,  the  State  counts  the  colored  race 
as  of  her  political  power,  that  every  generous  instinct  of  our 
own  race,  as  well  as  the  dictates  of  sound  public  policy, 
points  to  just  treatment  of  them,  with  a  full  recognition  of 
all  their  rights  under  our  laws.  To  the  extent  such  a 
righteous  policy  will  elevate  them,  the  State  is  the  gainer  in 
every  respect.  To  omit  so  much  as  the  acknowledgment  of 
the  least  of  their  rights,  would  render  questionable  our 
asserted  superiority. 

The  extinction  of  slavery  and  the  granting  of  suffrage  to 
the  colored  race  being  accomplished,  the  public  mind  is 
turned  to  other  practical  questions  too  long  held  in  abey- 
ance by  the  superior  interest  these  issues  involved. 

Undoubtedly  a  large  majority  of  the  American  people 


155 

desire  the  extension  of  a  full  and  complete  amnesty  to  all 
who  have  been  proscribed  for  political  offences.  No  real 
peace  will  be  possessed  by  the  country  till  this  desirable  end 
is  accomplished,  nor  is  there  any  possible  evil  to  be  appre- 
hended from  its  fulfilment,  comparable  to  the  continuance  of 
a  policy  which  renders  alien  a  large,  influential,  and  intelli- 
gent body  of  men,  once  American  citizens. 

The  great  depression  existing  among  mercantile,  manu- 
facturing, and  other  interests,  touching  in  many  instances 
our  own  people  most  nearly,  should  command  the  attention 
of  our  legislators,  State  and  federal. 

The  supremacy  of  this  or  that  political  party  becomes 
secondary  to  the  public  mind,  when  from  any  cause  the 
general  prosperity  of  the  country  is  impeded.  The  general 
depression  prevailing,  with  the  consequent  steady  diminu- 
tion of  all  values  will  compel  the  political  power,  hoping 
for  supremacy  in  the  future,  to  recognize  the  urgent  demand 
from  all  quarters  for  greater  economy  in  the  administration 
of  the  affairs  of  government,  for  the  extinction  of  oppres- 
sive, expensive  and  illegal  modes  of  taxation  ;  for  a  reform 
in  civil  administration  by  which  competency  and  fidelity 
shall  be  the  test  and  guarantee  of  economy  ;  for  a  revision 
of  tariff  laws  by  which  the  greatest  progress  towards  the 
principle  of  free  trade  can  be  had,  compatible  with  our  rev- 
enue necessities  and  the  full  payment  of  our  national  obli- 
gations. 

The  enormous  grants  of  public  land,  upon  one  pretext 
and  another,  aside  from  the  principle  involved,  demands  a 
vigorous  protest  from  all  the  States,  touching,  as  these 
grants  do,  their  residuary  interest  in  them. 

These  and  other  urgent  public  demands  are  not,  as  in 
ordinary  times,  of  a  mere  partisan  character.  They  express 
at  once  the  desire  and  the  determination  of  a  people,  who, 
knowing  their  practicability  and  feeling  their  necessity,  will 
place  in  power  such  as  honestly  recognize  their  importance, 
and  labor  for  their  fulfillment. 

THEODORE  F.  RANDOLPH, 

Governor. 


ox 
SEIST^TE     BILL,    1STO. 

ENTITLED, 

A  FURTHER  SUPPLEMENT    TO  "  AN  ACT  TO  INCORPORATE  A 
COMPANY  TO  FORM  AN  ARTIFICIAL    NAVIGATION  BE- 
TWEEN THE  PASSAIC  AND  DELAWARE  RIVERS," 


VETO  MESSAGE. 


EXECUTIVE  CHAMBER,  ) 

TRENTON,  February  28th,  1871.  [ 
To  the  Senate  : 

I  return,  without  my  approval,  Senate  bill  No.  1-il,  enti- 
tled "  A  further  supplement  to  '  An  act  to  incorporate  a 
company  to  form  an  artificial  navigation  between  the  Pas- 
saic  and  Delaware  rivers/  "  passed  December  thirty-first, 
one  thousand  eight  hundred  and  twenty-four. 

Under  the  bill  returned  to  you,  it  is  proposed  to  legalise 
any  lease  a  majority  of  the  preferred  or  minority  stockhold- 
ers of  the  Morris  Canal  Company  may  assent  to,  without 
any  consultation  with,  or  consent  obtained  from  the  major- 
ity i  >f  the  common  stockholders.  If  it  be  answered  that  the 
value  of  the  preferred  stock  represents  a  majority  of  the 
whole  of  the  present  value — so  much  the  greater  need  of 
protection  to  the  remnant  of  value  left  the  common  stock- 
holders. 

There  is  no  propriety  or  justice,  in  my  opinion,  in  ex- 
cluding the  common  stockholders  from  a  voice  in  the  trans- 
fer ot  a  property,  in  the  value  and  management  of  which 
they  have  equal  rights  and  interests,  during  solvency,  with 
any  other  class  of  stock  or  bondholders. 

I  doubt  if  the  Legislature  possesses  the  power  to  take  the 
property  of  one  set  of  stockholders,  without  their  consent, 
and  transfer  its  use  or  management  at  the  behest  of  a  ma- 
jority of  another,  and  in  numbers  ^inferior,  set  of  stockhold- 
ers, because  the  latter  class  may  find  their  interests  sub- 
served thereby. 

No  proper  provision  is  made  in  the  bill,  against  the  aban- 


160 

donment  of  the  canal,  for  purposes  of  transportation,  for 
penalties  in  the  event  of  the  lease  permitting  it  to  become 
useless  as  a  canal,  for  compensation  to  property  owners  very 
numerous,  and  having  large  values  dependent  on  its  use  as  a 
transporting  medium. 

It  may  not  be  the  purpose  of  the  managers  to  permit  the 
canal  to  become  less  useful  to  the  citizens  of  our  State,  but 
rather  to  increase  its  benefits,  by  using  its  surplus  waters  to 
supply  our  needing  Deities  and  villages.  If  this  be  so,  no 
harm  can  come  from  provisions  of  a  positive  character,  un- 
der which  not  only  all  of  the  stockholders  shall  have  a  voice 
in  any  lease  to  be  effected,  but  property  owners  on  the  line 
of  the  canal  shall  be  made  to  feel  secure,  and  the  transport- 
ing public  assured  in  their  continuance  of  one  of  the  most 
important,  as  well  as  one  of  the  cheapest  and  longest  used 
modes  of  transporting  to  and  through  the  State,  of  the  nec- 
essaries, of  life,  comfort  and  convenience. 

In  addition  to  the  foregoing  objections,  I  must  decline  my 
approval  of  the  bill,  as  being  in  conflict  with  that  clause  of 
the  Constitution  of  the  State,  which  provides  that  "  individ- 
uals or  private  corporations  shall  not  be  authorized  to  t<ike 
private  property  for  public  use,  without  just  compensation 
•first  made  to  the  owners." 

The  stock  of  a  corporation  is  "  private  property,"  and  if 
passed  over  to  third  parties,  and  for  other  purposes  than 
those  contemplated  by  the  original  charter,  and  without  their 
consent,  express  or  implied,  the  property,  it  seems  to  me,  is 
"taken"  within  the  sense  of  the  constitutional  provision. 

For  this  taking,  the  stockholder  is  entitled  to  ''just  com- 
pensation," and  it  is  to  be  "  first  made  "  to  him — not,  as  this 
bill  provides,  "  immediately  prior  to  such  lease,"  or,  under 
certain  conditions,  within  "  three  months  after  " — but  abso- 
lutely before  such  transfer  can  lawfully  take  place. 

Respectfully, 

THEODORE  F.  RANDOLPH, 

Governor. 
Veto  sustained. 


VETO  MESSAGE 

ON 

ASSIMIBLY     BILL     NO.     34-, 

ENTITLED, 

AN  ACT  TO  INCORPORATE  THE  MARINE  AND  INLAND 
TELEGRAPH  COMPANY." 


21 


VETO   MESSAGE. 


EXECUTIVE  CHAMBER, 
TRENTON,  March  15th,  1871. 

To  the  House  of  Assembly  : 

Assembly  Bill,  No.  34-,  "  An  Act  to  incorporate  the 
Marine  and  Inland  Telegraph  Co.,"  being  submitted  to  me, 
I  have  deemed  it  proper  to  withhold  my  approval,  and  re- 
turn the  bill  with  these  objections  :  Under  the  provisions  of 
section  3d,  it  is  enacted  '•  That  the  said  corporation  shall 
have  power  to  purchase,  make,  use  and  maintain  any  con- 
necting or  side  lines."  Now,  the  power  to  use  any  connect- 
ing or  side  lines  (even  those  of  railway  companies  used  for 
protecting  life  and  property),  with  no  provision  for  com- 
pensation first  made  to  the  owner  of  such  lines,  is  mani- 
festly unconstitutional,  and  in  direct  conflict  with  article  4, 
section  7,  of  that  instrument,  which  declares  "  individual 
or  private  corporations  shall  not  be  authorized  to  take  pri- 
vate property  for  public  use  without  just  compensation  tirst 
made  to  the  owners." 

Section  2d  of  the  bill  returned  provides  that  the  capital 
stock  of  the  company  shall  be  $550,000,  and  shall  be  capa- 
ble of  increase  without  any  limitation  in  amount  being 
named.  This  is  probably  an  oversight,  but  needs  correction 
or  limitation.  The  same  section  (second)  authorizes  the 
company  to  affect  a  union  with  any  other  persons  or  cor- 
porations in  or  out  of  the  State,  change  its  name,  and  make 
such  other  persons  or  corporations  a  corporation  of  this 
State — a  most  unusual  if  not  improper  proceeding.  In 


164 

effect,  legislative  power  is  given  to  a  corporation  or  crea- 
ture of  the  State,  to  use  for  its  own  benefit,  or  for  the  ben- 
efit of  the  people  or  corporation  of  a  foreign  state,  the  entire 
privilege  ot  the  bill,  the  whole  proceeding  being  reduced  to 
the  simplicity  of  a  vote  of  the  directors,  and  filing  of  an 
agreement  in  the  State  Department.  Did  the  Legislature 
intend  such  delegation  of  its  powers  ? 

Heretofore  the  erection  of  telegraph  companies  within 
this  State  has  depended  upon  their  being  able  to  agree  with 
the  municipal  authorities  of  the  cities  and  towns,  and  the 
owners  of  land  upon  which  their  constructions  were  to  be 
placed,  and  this  necessity  upon  the  part  of  telegraph  com- 
panies seemed  a  proper  one  to  put  upon  them.  Else  they 
would  have  power  to  construct  their  works  in  cities  and 
towns  on  public  streets  at  inconvenient,  dangerous  or  dam- 
aging places,  or  they  could  place  them,  if  they  chose,  in 
close  proximity  to  costly  edifices,  private  entrances,  public 
parks  or  ornamental  grounds,  which  might  be  defaced  by 
their  unsightliness — the  company's  own  views  of  economy, 
or  disposition  to  bring  property  owners  to  terms,  alone  guid- 
ing them. 

Under  section  6  the  bill  returned  permits  the  corporation 
to  enter  in  upon  and  occupy  any  land  necessary  to  the 
erection  of  telegraph  poles,  wires,  &c.,  and  upon  any  place 
they  may  select.  Failing  to  agree  with  the  owners  of  the 
land,  they  may  obtain  it  by  appraisement. 

Now,  it  is  manifest  that  the  few  feet  of  land  needed  for 
post  erections,  &c.,  will  never  be  appraised  in  any  just  pro- 
portion to  the  damage  such  structures  may  inflict,  and  there 
is  nothing  in  the  bill  that  permits  the  commissioners  ap- 
praising to  assess  construction  damages — only  the  land  is  to 
be  valued.  As  to  municipal  authorities,  they  are  entirely 
disregarded  by  the  bill  returned,  and  should  it  become  a 
law,  they  possess  no  authority  to  stop  the  construction 
through  public  places  or  streets  less  convenient  than  others, 
or  prevent  the  erection  of  poles,  &c.,  at  points  dangerous, 
unsuitable,  or  damaging  to  private  interests. 

Unlike  railroad  grants,  which  provide  that  a  survey  or 


165 

map  of  the  route  shall  first  be  filed  in  the  office  of  the  Sec- 
retary of  State,  this  bill  has  no  such  provision.  It  gives  a 
roving  commission  to  perform  its  work  within  and  through 
sixteen  of  the  twenty-one  counties  of  the  State,  and  they 
the  most  populous.  It  is  undoubtedly  as  much  to  the  public 
interests  that  competing  lines  of  telegraph  should  be  erected, 
as  that  competing  lines  of  travel  should  be  induced  and  pro- 
tected ;  but  this  can  be  had,  I  submit,  without  jeopardizing, 
as  I  think  the  provisions  of  this  bill  do,  private  interests 
and  property  that  rightfully  rest  upon  legislation  for  pro- 
tection. 

Respectfully, 

THEODORE  F.  RANDOLPH, 

Governor. 
Veto  sustained. 


VETO  MESSAGE 

OB 

SENATE    BILL    NO. 

ENTITLED, 

AN  ACT  TO  INCORPORATE  THE  OCEANIC  YACHT  CLUB  OF 
JERSEY  CITY." 


VETO   MESSAGE. 


EXECUTIVE  CHAMBER,  ) 

March  15,  1871.  f 

To  the  Senate : 

I  return  the  Senate,  without  my  approval,  Senate  Bill, 
No.  240,  entitled  "  An  act  to  incorporate  the  Oceanic 
Yacht  Club,  of  Jersey  City." 

I  do  this  with  the  more  reluctance,  from  the  fact  that  the 
title  of  the  bill  seems  to  indicate  that  the  purpose  of  it  i.s 
both  innocent  and  laudable.  But  a  whole  section  is  de- 
voted to  the  declaration  of  the  objects  of  the  bill,  and  those 
objects  are  of  so  extensive  a  character — being,  besides  the 
building,  purchase  and  sailing  of  yachts,  none  less  than  the 
circulation  and  advancement  of  naval  architecture,  con- 
struction and  science.  That  the  subsequent  power  to  con- 
struct such  wharves,  docks,  and  piers  as  may  be  deemed 
necessary  to  carry  out  the  objects  of  this  corporation,  and  to 
sell  them,  may  result  in  setting  up  against  the  State  a  claim 
to  a  grant  of  lands  under  tide  water,  of  unlimited  extent 
at  Jersey  City. 

These  lands  are  exceedingly  valuable,  and  it  is  of  the 
last  consequence  that  the  State  should  throw  no  cloud  upon 
its  own  title  to  the  same. 

A  regard  for  the  increasing  revenue  of  the  State  from 
this  source,  induces  me  to  return  this  bill  without  my  ap- 
proval. 

Respectfully, 

(Signed,)  THEODORE  F.  RANDOLPH, 

Governor. 
Veto  sustained. 
22 


SPECIAL  MESSAGE 


OK 


The  Exercise  of  the  Veto  Power. 


SPECIAL  MESSAGE. 


EXECUTIVE  CHAMBER,  ) 

TRENTON,  March  21,  1871.  f 

To  the  Legislature : 

I  am  constantly  urged,  by  large  numbers  of  our  most  re 
spectable  citizens,  of  both  political  parties,  to  interpose  the 
executive  prerogative  of  returning  bills  disapproved,  and 
thus  attempt  to  obtain  a  reconsideration  of  the  action  of  the 
Legislature. 

As  the  session  draws  to  a  close,  the  appeals  of  this  descrip- 
tion are  most  numerous  and  urgent,  and  coming  as  they  do 
from  our  own  fellow-citizens,  whose  good  opinion  it  has 
been  my  highest  ambition  to  deserve,  I  cannot  refrain  from 
expressing  to  you,  and  through  you  as  representatives,  to 
them,  my  views  of  the  only  safe  and  proper  exercise — under 
our  State  Constitution — of  the  veto  power. 

It  will  be  recollected  : 

First — That  the  power  has  to  be  exercised  within  five 
days  from  the  presentation  of  a  bill  to  the  Executive,  and 
the  reason  for  its  exercise  submitted  to  the  House  in  which 
the  bill  originated. 

Second — That  although  both  houses  may  have  unani- 
mously voted  for  a  bill  vetoed  by  the  Governor,  the  "  veto  " 
is  set  aside,  the  objections  overridden,  and  the  bill  made  a 
law,  despite  the  executive  objections — if  a  mere  majority  of 
the  members  of  both  Houses  decide. 

I  am  thus  particular  in  stating  these  facts,  because  of  the 
popular  notion  that  a  two-thirds  vote  is  required  of  the 
Legislature  to  set  aside  a  veto.  As  I  have  shown,  and  as 


174 

your  Honorable  Bodies  are  aware,  a  much  smaller  vote  than 
that  usual  in  passing  bills  may  override  the  Executive  ob- 
jection. 

At  the  close  of  the  session  of  your  immediate  predeces- 
sors, I  was  requested  to  withhold  my  signature  from  many 
legislative  bills.  Had  J  acted  upon  my  personal  disposition 
alone,  and  not  upon  my  sense  of  official  duty,  restricted  as 
it  seemed  to  me  to  be,  by  clear  constitutional  limits,  or  by 
constitutional  implication  of  duty,  equally  strong,  I  should 
in  very  many  instances,  have  withheld  my  approval. 

In  March,  1860,  the  Collector  of  Jersey  City  having  re- 
quested me  to  withhold  my  signature  from  a  bill  affecting 
the  revenue  of  that  city,  I  made  answer  to  him,  which  gave 
then  as  it  gives  now,  my  views  of  the  proper  exercise  of  the 
veto  power.  I  beg  leave  to  quote  a  portion  of  it  as  follows  : 

"  Upon  assuming  the  duties  of  the  Executive  office,  I  determined  to 
fulfil  it  according  to  my  ability,  in  consonance  with  the  letter  and  spirit 
of  our  form  of  government,  using  the  '  veto  '  power  only  in  such  cases 
as  were  clearly  unconstitutional,  where  unintentional  mistakes  had  been 
made,  or  where  the  ends  of  justice  were  clearly  to  be  violated  by  Legisla- 
tive contrivances,  remote  from,  if  not  beyond  judicial  enquiry. 

"  For  the  Executive  to  debate  questions  of  expediency  with  the  Legisla- 
ture, and  constantly  array  his  opinions  and  prerogative  of  '  veto  '  against 
the  expressed  purpose  of  a  majority  of  the  Senate  and  House  of 
Assembly,  seemed  to  me  antagonistic  to  the  purpose  of  the  authority 
under  which  I  hold  my  office,  and  violative  of  the  spirit  of  our  form  of 
government. 

"  So  careful  were  the  f ramers  of  our  Sta  e  Constitution  that  no  real 
power  of  obstruction  of  Legislative  will  should  rest  with  the  Executive, 
that,  as  you  are  aware  the  '  veto  '  of  an  Executive  can  be  constitutionally 
overriden  by  a  mere  repetition  of  the  same  vote  that  originally  passed  a 
given  bill,  or  even  a  less  number,  provided  that  number  be  a  majority  of 
each  House. 

"  The  theory  of  our  State  Constitution  is,  therefore,  that  majorities  .>f 
the  members  of  both  houses  best  declare  the  will  of  the  people  in  all 
cases,  even  after  the  Executive  dieap  .roves. 

"From  frequent  remarks  and  written  applications  made  to  me,  I  tVar 
this  matter  is  not  completely  understood  by  all  our  people. 

"  If  the  fact  is,  as  against  the  theory,  that  the  people  are  not  heard 
through  a  majority  of  their  Legislative  members,  and,  through  improper 
influences,  unjust  and  pernicious  legislation  is  had,  the  responsibility  is 
upon  the  electors  who  send  them,  and  not  upon  the  Executive,  whose 
power  over  their  action,  as  I  have  just  indicated,  is  literally  nothing. 


175 

"  When  the  people  of  New  Jersey,  of  all  parties,  select  men  for  Legis- 
lative positions  with  reference  to  their  integrity  and  capacity,  and  not  for 
their  temporary  political  availability,  they  will  have  bridged  most  of  the 
dangers  of  bad  legislation.  For  me  to  attempt  its  correction  by  the  exer- 
cise of  the  '  veto  '  power  when  the  Legislature  is  in  session,  is,  as  you  per- 
ceive, a  serious  undertaking ;  and  although  I  have  been  sustained  by  the 
Legislature  in  all  my  vetoes  thus  far,  I  attribute  it  chiefly  t  the  fact 
that  my  objections  were  iu  all  cases,  partly  at  least,  of  a  constitutional 
character. 

"  I  have  had  in  my  hands,  within  the  five  days  prior  to  the  adjourn- 
men  ,  nearly  one-half  of  the  entire  legislation  of  the  session,  and  the  ad- 
journmi  ut  leaves  all  these  acts  subject  alone  to  my  official  sanction, 
I  do  not  popose  to  discuss  the  safety  or  propriety  of  Legislative  action 
that  permits  such  accumulation  and  its  resulting  power  in  the  hands  of 
the  Executive. 

"  Of  this  great  number  of  acts  I  deem  it  safe  to  say  that  a  large  per 
centage  are  contested  upon  the  ground  of  public  or  private  injustice,  in- 
expediency, and  the  like,  and  I  even  deemed  it  within  the  scope  of  a  legi- 
timate exercise  of  my  functions  to  judicially  consider  and  decide  upon 
such  questions,  the  remainder  of  the  year  will  be  hardly  long  enough  to 
make  the  adjudication.  I  am  thus  fiank  in  the  expression  of  my  views, 
because  I  desire  your  authorities  and  others  to  appreciate  my  position 
under  existing  facts." 

Acting  upon  the  rule  indicated  in  the  preceding  para- 
graphs, I  have  been  enabled,  thus  far,  to  obtain  the  Legisla- 
tive concurrence  in  every  "  veto"  I  have  felt  compelled  to 
make. 

Avoiding  its  repeated,  irritating  and  useless  exercise,  the 
almost  powerless  prerogative  has,  thus  far,  I  trust,  been 
made  of  some  service  to  this  State. 

The  omission  to  exercise  it  will  not  be  construed  by  sen- 
sible people,  after  this  presentation  of  my  view  of  official 
power  and  duty,  as  any  personal  endorsement  of  acts  to 
which  I  append  my  signature,  for  the  simple  reason  that 
only  petty,  irritating  and  undignified  delay  would  come 
from  vetoes,  which  the  Legislature  would  finally  make  the 
laws  over  and  in  defiance  ot  them. 

I  have  signed  very  many  acts  that  failed  to  commend 
themselves  to  my  personal  judgment,  and  shall  no  doubt 
sign  many  more  of  a  similar  character  hereafter. 

To  the  present  Legislature  is  delegated  the  power  of  re- 


176 

districting  the  State,  and  of  passing  other  acts  political  in 
their  character. 

A  majority  of  your  members  are  politically  at  variance 
with  the  Executive. 

The  absolute  power  lies  within  your  bodies  to  make  such 
laws  upon  these  and  other  subjects  as  you  deem  fit,  and  it 
seems  to  me  that,  under  any  circumstances  likely  to  occur, 
my  objection,  in  "  veto  "  form,  to  political  legislation  would 
be  as  unnecessary  as  futile. 

The  responsibility  of  Legislative  action  is  upon  the  mem- 
bers of  your  bodies,  and  I  do  not  propose,  either  by  my 
silence  or  by  my  mere  official — almost  clerical — perform- 
ance of  duty,  to  share  with  you  responsibilities  which,  as  a 
member  of  either  of  your  bodies,  I  have  remonstrated 
against. 

It  will  appear  plain  to  you,  from  these  views,  that  there 
need  be  no  delay  in  bringing  about  an  early  adjournment  if 
you  so  desire.  Already  the  time  has  passed  at  which  your 
predecessors  adjourned,  and,  of  nearly  nine  hundred  bills 
presented  for  your  consideration,  only  about  three  hundred 
have  reached  this  department,  leaving  nearly  two-thirds  yet 
to  be  considered  by  me.  As  under  the  Constitution  only  a 
limited  time  is  given  me  to  sign  or  return  the  bills,  my  ex- 
amination of  those  remaining  must  necessarily  be  brief  and 
unsatisfactory. 

I  shall  adhere  to  my  resolve  submitted  in  my  annual 
Message  to  your  Honorable  bodies  : 

To  refuse  to  sign  any  bill  of  a  private  character,  passed 
during  the  last  two  days  of  the  session  :  or  to  sign  any  bill 
that  has  not  been  read  completely  through,  at  least  once  in 
each  House. 

In  the  absence  of  proper  information  to  the  contrary,  I 
shall  assume  the  attestation  of  your  officers  as  prima  facie 
evidence  of  such  reading  having  been  had. 

Respectfully, 

THEODORE  F.  RANDOLPH, 

Governor. 


VETO  MESSAGE 

ON 

-A.SSEiMIBLY    BILL.     NO.    38, 

ENTITLED, 

AN  ACT  TO  INCREASE  THE   SCHOOL  FUND  OF  THIS  STATE. 


23 


VETO  MESSAGE. 


EXECUTIVE  CHAMBER,       ) 
TRENTON,  March  22,  1871.  f 

To  the,  House  of  Assembly : 

I  feel  constrained  to  withhold  my  approval  of  Assembly 
Bill,  No.  38,  entitled  "  An  Act  to  Increase  the  School  Fund 
of  this  State." 

Under  the  terms  of  this  act,  a  large,  and  as  yet  indefinite, 
amount  of  money  will  be  placed  in  a  fund,  from  which,  un- 
der the  restrictions  of  the  Constitution,  no  part  of  it  can 
ever  be  withdrawn. 

No  matter  what  urgent  public  necessity  may  occur  in  the 
future  requiring  the  means  of  the  State,  or  disregarding  the 
fact  that  the  State  is  yet  indebted  to  its  bondholders  nearly 
$2,000,000,  this  great  amount  of  money  is  to  be  positively 
placed  beyond  the  reach  of  recall. 

Whilst  the  State  is  a  debtor,  and  its  already  taxed  citizens 
are  seeking  for  relief  from  their  burthens,  I  respectfully  sub- 
mit, it  is  scarcely  iust  to  our  people — though  it  be  generous 
to  a  most  worthy  object — to  take  away  so  large  an  amount 
from  the  general  resources  of  the  State,  and  from  the  State's 
ability  to  relieve  taxation,  as  the  positive  appropriation  of 
all  future  receipts  from  riparian  sources  would  compel. 

Aside  from  this  equitable  and  prudent  view  of  the  matter, 
a  much  more  serious  objection  may  arise,  should  higher 
courts  decide  adversely  to  the  State's  claim  of  ownership  to 
all  lands  under  tide  water. 

Under  such  adverse  decision — not  anticipated  it  is  true — 
the  State  would,  in  equity  at  least,  be  bound  to  pay  back  all 


180 

it  had  received  from  riparian  owners.  The  amount  thus  re- 
quired could  not  be  withdrawn  from  the  School  Fund,  where 
this  bill  proposes  to  place  it,  because  the  Constitution  for- 
bids any  such  action.  The  result  would  be,  under  such  a 
condition  of  affairs,  the  levy  of  an  oppressive  and  unexpect- 
ed tax,  or  the  State's  dishonor. 

When  it  is  recollected  that  the  State  tax  for  the  support 
of  Public  Schools  for  the  present  year,  will  amount  to  nearly 
one  and  a  quarter  millions  of  dollars,  no  plea  of  urgent  ne- 
cessity can  be  urged ;  and  no  excuse,  it  seems  to  me,  can  be 
fairlv  given  against  the  exercise  of  abundant  caution,  even 

M  O 

when  so  proper  and  popular  u  cause  as  that  of  education  is 
involved. 

Other  objections  may  be  urged  against  the  appropriations 
of  this  bill : 

The  Trustees  of  the  School  Fund  are  not  permanent  offi- 
cers ;  not  selected  as  such  primarily  ;  but  are  only  trustees 
in  virtue  of  their  several  offices,  as  Governor,  Treasurer, 
&c.,  &e. 

The  Commissioners  of  the  Sinking  Fund,  in  whose  hands 
the  riparian  receipts  properly  go,  are  selected  from  both 
parties,  are  and  ever  will  be,  no  doubt,  of  such  high  posi- 
tion as  to  fully  secure  the  public  confidence  as  to  their  cus- 
tody and  management  of  the  State's  great  funds. 

If,  after  the  objections  I  have  submitted,  it  is  still  the 
opinion  of  the  Legislature  that  these  large  amounts,  which 
the  State  will  receive  from  riparian  sources,  should  be  placed 
within  the  school  fund,  I  submit  that  the  control  of  the 
moneys  thus  obtained  should  be  placed  in  the  hands  of  a 
commission  of  our  best  citizens,  non-political  in  character, 
who  are  free  from  the  liabilities  of  constant  removal,  which 
nearly  all  of  the  present  trustees  of  the  school  fund  are  now 
subject  to. 

Respectfully, 

THEO.  F.  RANDOLPH, 

Governor. 


VETO  MESSAGE 

ox 

-A.SSE::M::BL,Y  BILL,  INTO.  20, 

ENTITLED, 

A  FURTHER  SUPPLEMENT  TO  AN  ACT    ENTITLED   •  AN  ACT 

TO   CREATE    FROM    THE    TOWN    OF  BERGEN,  IN   THE 

COUNTY  OF  HUDSON,  A  NEW  TOWNSHIP,  TO  BE 

CALLED  THE  TOWNSHIP  OF  GREENVILLE.'  " 


VETO  MESSAGE. 


EXECUTIVE  CHAMBER,  ) 

TRE.NTOX,  March  22,  1871.  f 
To  the  Assembly : 

I  return  Assembly  Bill,  No.  29,  entitled  i;  A  Further 
Supplement  to  an  act  entitled  '  An  Act  to  Create  from  the 
Town  of  Bergen,  in  the  County  of  Hudson,  anew  township, 
to  be  called  the  Township  of  Greenville,'  "  approved  March 
18th,  1863. 

The  purpose  of  this  bill  is  to  repeal  several  supplements 
to  an  act  to  create  the  town  of  Bergen,  in  the  County  of 
Hudson. 

These  supplements,  I  find  to  contain  extraordinary  grants 
of  power  to  certain  commissioners,  and  I  do  not  deem  it 
singular  that  restrictions  and  limitations,  at  least,  should  be 
sought  to  restrict  their  acts. 

The  bill  which  I  return  seems  to  me  to  be  as  extreme  in 
its  character,  and  as  extraordinary  in  its  provision,  as  those 
which  it  seeks  to  repeal.  It  gives  power  to  "  Examiners" 
designated,  and  they,  it  is  represented  to  me,  in  part  contes- 
tants at  this  time,  in  our  courts,  against  the  present  commis- 
sioners. These  Examiners  are  to  have  power  to  close  streets 
already  opened,  and  upon  which  buildings  have  been 
erected — making  no  legal  provision  for  compensation  to  the 
owners  of  property  for  damages  thus  inflicted. 

It  is  clear  to  my  mind  that  the  owner  or  owners  of  all 
property  thus  destroyed  or  damaged,  have  a  clear  constitu- 
tional right  to  demand  and  obtain  compensation. 

Under  the  authority  of  the  present  commission,  contracts 
have  been  made  (the  evidence  of  which  has  been  given  me), 
and  these  are  to  be  virtually  set  aside  by  the  provisions  of 
the  bill  returned,  and  no  provision  made  for  redress  to  the 
contractor,  except  it  be  claimed  that  the  Examiners,  under 


184 

the  fifth  section  of  the  bill,  may  pay  such  amounts  as  they 
may  deem   "just  and  equitable." 

It  conld  scarcely  have  been  the  deliberate  purpose  of  the 
Legislature  to  invest  any  persons,  however  worthy,  with 
these  judicial  functions,  especially  when  it  is  recollected  that 
they  are  to  act  without  any  oath  of  office  to  faithfully  per- 
form their  duties,  and  are  under  no  bonds  of  any  kind  for 
any  purpose  noticed  in  the  bill. 

Section  4,  of  the  act  of  1870,  provides  for  the  issue  of 
Bonds,  and  section  3,  of  the  same  act,  provides  tor  the  issue 
of  Improvement  Certificates,  and  pledges  the  proceeds  of 
the  sale  of  said  bonds  for  the  redemption  of  the  certificates. 
The  bill  returned  repeals  all  these  acts. 

The  ability  of  the  commissioners  to  fulfil  their  contracts 
with  persons  accepting  them  in  good  faith,  is  thus  utterly 
destroyed,  and,  as  I  construe  it,  violates  in  substance  that 
provision  of  the  Constitution  which  provides  that  no  law 
shall  be  passed  impairing  the  obligations  of  contracts. 

It  will  be  observed  that  at  no  point  in  the  bill  is  there  any 
provision  for  the  payment  of  any  claims  other  than  such  as 
these  unsworn  and  unbound  Examiners  may  agree  upon,  or 
for  the  levy  of  any  tax  upon  the  town,  to  meet  claims 
against  it,  except  the  tax  the  Examiners  may  order  and 
direct  to  be  levied,  should  the  treasurer  of  the  town  be  out 
of  funds. 

Is  not  this  power  to  order  a  tax  put  upon  a  whole  com- 
munity, an  extraordinary  one  to  place  in  the  hands  of  any 
irresponsible  body  of  men?  To  whom  are  they  responsible 
for  their  acts,  and  what  protection  has  the  citizen  against 
Commissions  thus  instituted  ? 

However  desirable  it  may  be  to  remedy  the  provisions  of 
previous  enactments,  I  feel  sure  your  Honorable  Bodies  will, 
upon  reflection,  concur  with  me,  that  more  guarded  legisla- 
tion than  the  bill  returned  contains,  is  necessary  to  obtain 
the  desired  result. 

Respectfully, 

THEODORE  F.  RANDOLPH, 

Governor. 
Veto  sustained. 


ON 

BILL    2STO- 

ENTITLED, 

AN    ACT    TO   AUTHORIZE   THE    MAYOR  AND   ALDERMEN,  OF 
THE  CITY  OF  PATERSON,  TO  BORROW  MONEY  FOR  THE 
PAYMENT   OF  EXISTING   DEBTS  AND  LIABILITIES, 
AND  ISSUE  BONDS  FOR  THE  SAME." 


VETO  MESSAGE. 


EXECUTIVE  CHAMBER,  ) 

TKENTON,  March  22,  1871.  f 

To  the  House  of  Assembly  : 

Assembly  Bill,  No.  224,  entitled  "  An  Act  to  authorize 
the  Mayor  and  Aldermen,  of  the  city  of  Paterson,  to  bor- 
row money  for  the  payment  of  existing  debts  and  liabilities, 
and  issue  bonds  for  the  same,"  is  herewith  returned,  the  ob- 
jection being  that  it  provides  for  the  issue  of  city  bonds 
which  shall  be  exempt,  in  the  hands  of  holders,  from  STATE 
taxation. 

I  believe  the  uniform  policy  of  the  State  has  been  to 
make  all  bonds  liable  to  State  taxation,  save  a  portion  of 
those  issued  by  the  Commonwealth  for  war  purposes. 

It  would  be  manifestly  unjust  to  make  the  city  bonds  of 
Paterson  free  from  any  tax  made  in  behalf  of  the  State, 
when  the  bonds  of  other  cities,  counties  and  townships  of 
the  State  are  left  liable  to  such  taxation. 

In  a  degree,  by  reducing  the  amount  of  assessable  prop- 
erty of  one  class  of  our  citizens,  and  they  bond  purchasers 
and  usually  the  most  wealthy — all  other  citizens  have  an 
increased  per  centage  of  taxation  to  pay. 

The  Legislature,  it  is  true,  has  relieved  certain  charitable 
and  religious  institutions  from  State  taxation,  and  our  people 
have  not  seriously  objected  thereto. 

But  a  system  of  exemption  from  State  taxation,  of  city 
and  other  local  bonds,  would,  if  made  applicable  to  all  such 
securities  within  our  State,  probably  take  away  so  large  an 
amount  from  its  taxable  property,  as  to  make  the  remaining 
portion  bear  an  onerous  and  unjust  burthen. 
Respectfully, 

THEO.  F.  RANDOLPH, 

Veto  sustained.  Governor. 


VETO  MESSAGE 


RELATING  TO 


"  ie  Act  to  Re-Dupe  lie  Local  Comment  of  Jem  City 

0  i/       (/ 


'.i,,  » 


VETO  MESSAGE. 


EXECUTIVE  CHAMBER,  ) 

TRENTON,  March  23,  1871.  j 

To  the  House  of  Assembly  : 

"  An  Act  to  Re-organize  the  Local  Government  of  Jersey 
City,"  placed  before  me  for  approval,  seems,  by  its  pro- 
visions, to  so  completely  put  aside  all  semblance  of  local 
government,  in  the  sense  this  term  is  usually  applied,  that 
it  is  an  open  question,  at  least,  whether  the  bill  should  not 
be  returned  to  your  Honorable  Body,  as  being  in  violation 
of  that  provision  of  the  Constitution  which  declares  that 
"  Every  law  shall  have  but  one  object — and  that  shall  be  ex- 
pr&sed  in  its  title." 

I  can  scarcely  conceive  of  an  antagonism  stronger  than 
that  existing  between  the  title  of  this  bill  and  the  provisions 
contained  within  its  sections.  From  the  opening  to  the 
close,  the  provisions  are  of  the  most  extraordinary  character, 
the  great  and  redeeming  merit  of  the  whole  bill  being  that 
it  recites  in  clear,  nervous  and  unmistakable  language  its 
undoubted  purpose  to  deprive  the  voters  of  Jersey  City  of 
all  present  opportunities  of  self-government,  without  their 
consent  or  approval  being  even  asked,  and  against  the  re- 
monstrances of  many  of  its  principal  citizens.  The  bill, 
therefore,  is  meritorious,  in  that  it  makes  no  concealment  of 
its  object,  and  does  not  attempt  to  disguise  its  most  unusual 
powers  and  purposes.  Anti-republican  in  form — arbitrary 
in  spirit  and  purpose,  it  can  only  be  defended,  if  defensible 
at  all,  upon  the  ground  that  within  the  limits  of  Jersey  City, 
at  least,  the  principles  of  our  forms  of  government — Fed- 
eral, State  and  Municipal — are  supposed  to  be  valueless. 


192 

The  singular  fact  is  presented,  of  the  Representatives  of 
the  people  organizing,  under  color  of  Constitutional  Law, 
commissions  of  men,  appointed  by  themselves,  to  be 
masters  over  the  liberties  and  property  of  the  very  people 
they  were  elected  to  be  servants  of.  For  it  is  just  to  this 
complexion  these  powers  come — that  the  Senate  and  Gen- 
eral Assembly  of  the  State  of  New  Jersey,  elected  to  re- 
present the  people,  and  to  maintain  a  Republican  form  of 
government,  shall  have  the  power  to  place  over  the  people 
of  the  second  city  in  the  State,  and  the  seventeenth  city  of 
the  United  States,  a  body  of  men,  undesired,  perhaps,  by 
citizens  at  large,  who  shall  exercise  all  the  vital  and  essen- 
powers  of  local  government. 

It  would  not  be  more  extraordinary — and  I  am  not  sure 
bnt  the  spirit  of  the  whole  bill  is  born  of  Congressional 
example — if  the  Federal  Congress  should  decide  that  the 
members  of  your  bodies  were  unfit  representatives  of  your 
constituents,  incapable  of  exercising  the  rights  of  electors, 
and,  in  sheer  compassion  for  the  people  of  New  Jersey, 
appoint,  by  Congressional  enactment,  the  members  of  our 
State  Legislature. 

It  may  be  true  that  local  representative  government,  as 
carried  on  in  our  large  cities,  is  found  to  work  unfortu- 
nately. I  am  prepared  to  believe  almost  any  representation 
that  may  be  made  upon  this  head.  So  long,  however,  as  we 
profess  to  believe  that  the  true  policy  of  government  is  to 
extend  the  privilege  of  the  ballot  to  all  men,  regardless  of 
their  intelligence,  interest  or  other  qualification,  just  so  long 
will  we  be  faced  by  the  dangers  which  legislation,  like  that 
I  object  to,  seeks  to  obviate. 

The  plain  and  undoubted  object  of  this  and  most  other 
bills,  delegating  Municipal  Powers  to  Legislative  Com- 
missioners, is  to  take  away  from  the  people,  whom  the 
Legislature  is  supposed  to  represent,  all  the  essentials  of 
power  in  local  government,  leaving  only  a  shadowy  sem- 
blance of  authority  to  their  constituents.  Is  there  any  com- 
ment upon  the  evils  of  universal  suffrage  more  significant  ? 
So  long  as  our  State  and  Federal  Constitutions  provide  for 


193 

and  even  continue  to  extend  the  privilege  of  suffrage,  with- 
out any  other  qualification  scarcely  than  that  of  manhood, 
the  evils  of  an  ill-regulated  suffrage  will  continue  to  in-- 
crease,  and  in  no  locality  will  its  injuries  be  more  keenly 
felt  than  in  large  cities,  where  vice,  ignorance  and  corrup- 
tion find  their  most  facile  tools. 

As  the  case  stands,  the  only  true  and  effective  remedy 
left  tor  the  industrious,  well-meaning  and  thrifty  citizens  of 
our  large  cities,  is  that  given  them  in  the  power  to  nominate 
and  elect  honest,  suitable  and  intelligent  representatives  to 
their  local  boards  and  State  Legislature. 

Legislative  Commissions,  however  constituted  for  good, 
are  only  pretended  panaceas,  at  best;  and,  at  worst,  they 
will  cure  the  ills  by  destroying  the  body.  Political  parties 
that  insist  upon  nominating  ignorant,  corrupt  or  incom- 
petent men  as  Representatives,  can  and  should  be  taught 
the  needed  and  salutary  lessons  that  defeat  is  calculated  to 
teach.  Fntil  citizens  learn  that  it  is  a  DUTY,  as  well  as  a 
privilege,  to  care  for  the  nomination  and  election  of  honest 
Representatives,  the  wrongs  they  suffer  will  scarcely  excite 
emotions  beyond  those  of  pity  among  the  truer  class  of  our 
people,  who  seek,  by  the  election  of  proper  men,  and  by  the 
faithful  administration  of  office,  to  elevate  and  dignify 
public  positions. 

It  has  been  urged  that  a  large  proportion  of  the  powers  of 
the  Commissioners  named  in  the  bill  are  already  possessed 
by  the  present  authorities  of  Jersey  City.  There  will  be 
found,  upon  comparison,  many  limitations,  restrictions  of 
power,  and  means  of  redress  to  the  citizen  in  the  present 
charter,  that  this  bill  omits.  Aside  from  this  view,  however, 
the  great  and  conclusive  difference  is  that  in  one  case  powers 
are  exorcised  by  representatives  directly  from  and  of  the 
people,  and  in  the  other  case  by  persons  in  whose  appoint- 
ment, in  the  main,  the  people  have  not  even  been  consulted. 

But,  extraordinary  as  are  fhe  powers  sought  to  be  con- 
ferred upon  Commissioners,  by  the  provisions  of  this  bill, 
my  reasons  for  its  disapproval  shall  be  founded — a8  I  have 
25 


194 

deemed  it  my  duty  to  declare  my  disapprovals  should  be — 
mainly  on  Constitutional  grounds 

The  sixteenth  section  of  the  bill  provides  that  Commis- 
sioners of  the  Boards  of  the  City  Government  shall  have 
power  to  send  for  persons  and  papers,  if  such  persons  shall 
have  papers  that,  in  the  opinion  of  such  Commission,  may 
be  proper  evidence  in  the  case  before  them. 

Article  I,  section  6,  of  the  Constitution,  provides;  "The 
right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects  against  unreasonable  searches  and  seiz- 
ures, shall  not  be  violated  ;  and  no  warrant  shall  issue  but 
upon  probable  cause,  supported  by  oath  or  affirmation,"  &c. 
The  ''reasonableness"  of  the  demand  for  papers  is  to  be 
decided  by  an  almost  irresponsible  body  of  persons — not  by 
a  judicial  tribunal.  Under  pretext  of  search  for  papers  thus 
demanded,  every  private  citizen  may  be  liable  to  have  his 
house  ransacked.  To  meet  this  protective  clause  of  the  Con- 
stitution, the  bill  should  provide  that  all  papers  required  in 
evidence  by  municipal  authorities,  should  be  "  particularly 
described,"  and  the  order  for  the  search  should  also  have 
judicial  approval.  Without  this  precaution,  the  Constitu- 
tional and  sacred  right  of  the  citizen  is  liable  to  constant 
invasion  and  outrage. 

A  proviso  of  the  forty-first  section  provides  that  when 
the  line  of  a  street  to  be  opened,  extended,  widened,  or 
otherwise  changed,  would  bisect  any  building,  the  Commis- 
sioners may  determine,  as  shall  seem  to  them  most  just,  to 
take  either  the  whole  of  such  building  or  so  much  thereof  as 
stands  upon  the  land  required,  or  to  require  the  owner  or 
owners  thereof  to  move  it  back  from  the  line  of  improve- 
ment. 

That  it  is  proper  to  require  the  purchase  of  a  whole  build- 
ing in  cases  where  but  a  part  of  it  is  within  the  line  of  the  land 
necessary  for  a  public  improvement,  and  to  give  the  owner 
the  privilege  of  removing  it  from  out  of  the  line  of  the  im- 
provement, to  and  upon  the  residue  of  his  land,  cannot  be 
denied.  But  the  right  to  take  private  property  for  public 
use  extends  no  further  than  the  public  necessity.  The  Com- 


195 

missioners  cannot  lawfully  be  given  the  power  to  take  the 
land  not  necessary  for  the  improvement,  but  it  would  be 
proper  to  give  to  the  owner  of  a  building  partly  taken,  the 
privilege  of  requiring  the  Commissioners  to  purchase  the 
residue,  as  well  as  the  privilege  of  removing  his  building. 
The  obligation  should  be  upon  the  Commissioners — the 
privilege,  that  of  the  owner. 

The  forty -second  section  authorizes  the  exercise  of  a  power 
that  appears,  so  fur  ;is  my  information  extends,  never  to  have 
been  exercised  heretofore.  It  seems  to  be  the  reverse  of  the 
right  of  eminent  domain,  and  instead  of  requiring  the  owner 
to  yield  his  land,  on  compensation,  for  a  public  purpose,  it 
forces  upon  him  the  obligation  of  purchasing  land  at  a  price 
to  be  fixed  by  Commissioners. 

Here,  too,  at  first  sight,  it  would  seem  that  there  would 
be  a  propriety  in  giving,  at  a  fair  price,  to  an  owner,  cut  off 
from  the  street,  the  land  between  him  and  the  new  street, 
or  in  the  old  street,  but  this  cannot  be  done  without  viola- 
ting the  fundamental  principle,  that  ihe  Legislature  cannot 
take  the  property  of  one  man  and  give  it  to  another,  no 
matter  what  the  compensation 

Such  adjustments  as  those  contemplated  by  this  section 
may  appear  convenient,  but  the  power  is  dangerous  and 
inadmissible,  and,  I  think,  has  never  been  exercised  under 
any  form  of  goverment,  however  despotic. 

But  another  principle  is  violated  ;  the  compensation  to 
which  a  party,  whose  land  is  taken,  is  entitled,  is  moneyjnot 
land,  and  this  section  requires  the  owner  to  take  land,  as  a 
part  of  the  compensation  in  cases  where  one  part  of  the  land 
is  within  the  line  of  the  improvements,  and  a  part  of  the 
land  of  another  is  thrown  between  any  portion  of  the  remain- 
ing land  and  the  new  street. 

The  last  clause  of  the  fifty-second  section  provides  that 
any  improvement  may  be  made  by  the  Board  of  Public 
Works,  at  <<ny  time,  if  the  cost  of  it  is  partially  paid  by  the 
city,  notwithstanding  any  remonstrance  or  objection  that 
may  be  made  against  such  improvement,  and  "  notwithstand- 
ing any  other  provision  in  the  whole  act  contained."  This 


196 

power  is  unlimited,  and  expressed  in  language  so  sharp  and 
vigorous  that  but  one  conclusion  can  be  drawn  tVuiu  it — the 
Board  of  Public  Works  is  to  have  unlimited  power  over  the 
property  of  the  citizen,  and  not  a  single  guard  provided  in 
any  other  case  by  any  other  portion  of  the  act,  is  to  limit  or 
control  it.  Neither  compensation  for  property  taken,  nor  a 
right  to  be  heard  against  the  measure  in  its  inception,  or 
th-rough  its  whole  course,  is  provided  ior.  1  think  I  would 
be  recreant  to  my  duty  as  an  officer,  to  whose  approval  the 
grant  of  such  a  power  is  subject,  if  I  did  not  unhesitatingly 
refuse  it. 

The  sixty-first  section  sets  aside  assessments  already  made, 
so  far  as  they  remain  uncollected,  and,  besides  being  unjust 
to  those  who  have  paid,  I  find  here  the  exercise  of  a  power 
that  is  judicial,  and  not  legislative  in  its  character, — in 
direct  violation  of  the  Constitution,  which  prescribes  that 
the  powers  of  one  department  of  the  government  shall  not 
be  exercised  by  another.  There  have,  I  think,  been  cases 
where  the  Legislature  has  done  something  of  this  nature, 
but  it  has  been  with  the  consent  of  all  parties,  either 
expressed  in  the  act,  or  known  to  be  applied  for. 

The  sixty-fourth  section  grants  the  land  of  the  State  under 
water,  to  an  unlimited  extent,  or,  at  least,  to  the  extent  that 
may  be  necessary  to  carry  out  any  of  the  powers  given  by 
any  part  of  this  act.  It  also  permits  the  vacation  of  South' 
street — a  street  one  hundred  feet  wide — and  this  at  the  mere 
discretion  of  the  Board,  without  giving  any  notice,  or  being 
subject  to  a  single  restriction  that  is  imposed  upon  the 
vacation  of  any  other  street  in  the  city.  The  consequences 
to  private  property  are  ignored,  and  no  compensation  to 
any  one  injured  is  contemplated.  The  vacation  of  this  street, 
I  am  informed,  would  place  the  entire  property  thus  vacated 
in  possession  of  private  corporations — one  of  them  now 
leased  to  a  foreign  corporation. 

The  sixty-sixth  section  enacts  that  no  certwrarl  shall  be 
granted  or  allowed  to  stay  any  procee< lings  (except  the  col- 
lection of  the  tinal  assessment),  for  any  street  or  sewer  im- 


197 

provement,  unless  the  writ  be  allowed  before  the  filing  with 
the  City  Clerk  of  a  copy  of  the  resolution  for  the  payment 
of  awards,  or  before  the  making  of  the  contract.  The 
rapidity  with  which  the  proceedings  are  authorized 
and  the  informal  manner  in  which  they  are  to  be  con- 
ducted is  such  that  parties  have  hardly  time  to  retain 
counsel  and  investigate  errors  or  frauds  in  the  pro- 
ceedings, before  the  time  in  which  the  certiorari  is  to  be 
brought  will  expire.  This  writ  has  of  late  been  found  so 
efficacious  for  detection  of  fraud  and  the  protection  of  the 
citizen,  that  every  restriction  upon  its  allowance  should  be 
gravely  considered.  It  seems  to  me  this  taking  away  of  a 
great  remedial  writ  is  endangering  property,  and  is  to  the 
last  degree  pernicious. 

The  one  hundred  and  third  section,  after  giving  to  the 
policemen  the  powers  of  constables,  authorizes  them  to  con- 
vey, to  and  from  the  county  jail  and  work-house,  all  prisoners 
who  may  be  ordered  to  be  so  conveyed  by  any  police  justice 
or  any  justice  of  the  peace.  It  seems  to  me,  that  a  power 
of  doing  these  acts  without  requiring  a  warrant,  in  addition 
to  the  power  of  doing  these  same  acts  under  the  authority 
of  a  legal  warrant,  is  an  encroachment  on  the  liberty  of  the 
citizen  hard  to  be  borne  by  freemen. 

The  one,  hundred  and  seventh  section,  by  implication,  con- 
fers a  power  on  the  police  to  seize  upon  property,  not  stolen, 
but  simply  "improperly  detained,"  or  "  suspected  to  be  im- 
properly detained,"  and  expressly  makes  the  chief  of  police 
the  custodian  of  such  property,  and  directs  the  sale  of  it, 
and  the  deposit  of  the  proceeds  in  the  city  treasury. 

Section  one  hundred  and  ten  defines  the  power  of  the 
police  justices,  and  provides,  that  where  the  penalty  ol  crime 
shall  be  imprisonment,  the  trial  may  be  by  jury.  The  con- 
stitution expressly  declares,  that  "the  RIGHT  of  trial  by  jury 
shall  remain  inviolate."  I  am  aware  of  the  modern  process 
of  avoiding  this  Constitutional  right  of  the  citizen,  by  con- 
sidering his  omission  to  demand  it  a  tacit  waiver  of  its 
privileges.  I  have  seriously  questioned  the  right  of  any 


198 

citizen  to  waive  so  needful  a  protection  to  liberty,  or  the 
acceptance  by  our  courts  of  such  a  waiver;  but  if  it  is  to 
be  yielded  as  a  matter  of  convenience  to  our  courts,  or  to 
the  end  that  justice  may  be  promptly  administered,  a  pro- 
vision should  be  inserted  by  which  the  prisoner  should,  in 
all  cases,  be  made  aware  of  his  Constitutional  rights. 

The  same  section  (one  hundred  and  ten)  of  the  bill  em- 
powers the  justices,  should  the  criminal  be  a  minor,  to  inflict, 
commute  or  wholly  remit  the  penalty  prescribed  for  the 
offence.  This  section  fails  to  name  the  period  of  time 
wherein  such  justices  may  exercise  these  powers  of  commu- 
tation or  pardon,  and  it  is  possible,  though  not  probable, 
they  might  attempt  to  do  so  after  imprisonment.  As  such 
power  is  lodged  solely  in  the  Court  of  Pardons,  under  the 
Constitution,  the  limit  of  its  attempted  exercise  should  be 
clearly  stated  in  the  bill,  that  being  alter  the  trial  and  before 
the  sentence. 

Section  one  hundred  and  thirty-one  provides,  that  the 
bonds  of  the  city  shall  be  relieved  from  STATE  taxation.  I 
consider  this  inadmissable,  and  have  given  my  reasons  there- 
for in  the  Veto  Message  of  Assembly  bill  No.  214,  sent  to 
your  Bodies  on  the  22d  instant. 

Section  one  hundred  and  thirty-three  permits  the  Board 
of  Finance  to  deposit  the  funds  of  the  city  in  any  bank  now 
existing  in  Jersey  City.  For  obvious  reasons  this  provision 
should  restrict  the  custody  of  these  funds  to  banks  author- 
ized by  the  laws  of  this  State  or  the  United  States. 

The  one  hundred  and  fortieth  section  withdraws  from  the 
holders  of  bonds  issued  for  war  purposes,  the  pledge  of 
property  in  the  city,  and  impairs  the  obligations  of  the 
bonds,  to  the  injury  of  public  credit,  and  in  direct  violation 
of  the  Constitution. 

My  effort  has  been  to  call  your  attention  to  some  of  the 
most  glaring  objections  to  the  bill  submitted  for  my  approval. 
Unquestionably,  other  objections  will  arise  to  your  minds  as 
you  reconsider  all  of  its  provisions. 

As  stated  by  me  in  recent  messages,  the  time  given  for 


199 

careful  consideration  of  bills,  and  arrangement  of  objections 
thereto,  if  any,  is  entirely  too  limited.  My  purpose  will  be 
accomplished,  however,  if  my  hurriedly  considered  and 
stated  objections  obtain  the  consideration  at  your  hands  I 
hope  their  importance  deserves. 

Respectfully, 

THEO.  F.  RANDOLPH, 

Governor. 


Bill  passed  over  veto  by  strict  party  vote. 
Yeas- 
Nays 


SPECIAL  MESSAGE 


ON 


THE   BRIBERY   LAW. 


26 


SPECIAL  MESSAGE. 


EXECUTIVE  CHAMBER,  ) 

TREXTON,  March  29th,  1871.  f 

To  the  House  of  Assembly  : 

I  had  the  honor  to  submit,  among  other  recommendations, 
in  my  annual  message,  one  with  reference  to  the  elective 
franchise;  and  inasmuch  as  the  legislation  therein  recom- 
mended has  not  yet  been  finally  acted  upon  by  your  body,  I 
trust  that  the  great  importance  of  the  measure  recommend- 
ed will  be  sufficient  reason  for  renewing  my  appeal  to  you 
for  action. 

In  the  annual  message  I  said  : 

"  I  earnestly  urge  upon  your  attention  such  amendments  to  existing 
election  laws  as  will  tend  to  secure  at  the  ballot-box  a  pure  and  free  ex- 
pression of  the  public  will.  Our  present  laws  are  almost  a  dead  letter. 
Members  of  both  political  parties  have  probably  rendered  themselves  so 
liable  to  legal  penalties,  that,  as  if  by  common  consent,  no  prosecutions 
are  had.  The  evils  which  flow  from  the  corruption  of  the  ballot  can 
scarcely  be  exaggerated.  Insidious  in  their  nature,  they  are  working  far 
more  dangers  to  the  government  than  foreign  or  internal  strife  have  ever 
accomplished.  By  disrespect  shown  to  law,  corruption  of  the  ballot  low- 
ers and  taints  the  public  morals — compels  the  full  surrender  of  all  places 
of  honor  or  profit  to  those  who  are  not  only  rich,  but  unscrupulous — de- 
moralizes and  nearly  reduces  to  serfdom  a  portion  of  the  poorer  class,  by 
the  offer  of  almost  irresistible  temptations,  exceeding  in  amount,  fre- 
quently, the  wages  of  weeks  of  hard  labor  for  the  performance  of  a  single 
act,  by  which,  through  ignorance  of  the  real  issues  of  parties,  no  politi- 
cal principle  is  fairly  determined  by  the  corrupted  voter.  If  the  ignorant 
voter  err,  the  distinction  between  right  and  wrong  in  the  exercise  of  the 
franchise  being  so  subtly  and  delicately  drawn,  the  State  should,  by  plain 
enactment  and  rigid  enforcement,  compel  a  knowledge  by  salutary  pun- 
ishment. 


204 

"  The  second  article  of  our  State  Constitution  provides  expressly  that 
'  the  Legislature  may  pass  laws  to  deprive  persons  of  the  right  of  suffrage 
who  shall  be  convicted  of  bribery  at  elections.' 

"  In  view  of  the  great  and  acknowledged  evil  the  corruption  of  our  vot- 
ing population  is  working,  I  recommend  the  passage .  of  a  law  disfran- 
chising any  person  who  may  attempt  to  bribe,  or  bribe  another,  or  be  him- 
self bribed — rendering  either  party  to  the  offence  a  competent  witness 
against  the  other,  without  incurring  legal  responsibility. 

"  I  also  recommend  that  a  corporation  against  which  it  shall  be  proven 
that  money  has  been  contributed  for  the  election  of  any  State  or  other 
officer,  under  our  laws,  shall  forfeit  its  charter  ;  and  that  all  managing 
officers  of  such  corporation,  if  residents  of  this  State,  shall  be  disfran- 
chised, and  if  non-residents,  they  shall  be  rendered  incapable  of  render- 
ing any  official,  act  within  our  jurisdiction." 

To  these  opinions  and  recommendations  I  may  add,  as  the 
result  of  many  communications  to  me  upon  the  subject,  that 
the  obligation  of  each  Grand  Jury  to  inquire  into  the  mat- 
ter of  bribery  at  elections,  should  be  made  imperative,  and 
constitute  their  first  duty,  so  that  citizens  may  know  pre- 
cisely when  and  where  to  render  complaint.  If,  as  I  regard 
it,  the  life  of  the  State  is  involved  in  the  purity  of  the  elec- 
tions, no  other  duty  of  the  Grand  Inquest  can  be  so  im- 
portant. 

The  greatest  danger  to  executive  or  legislative  independ- 
ence lies  in  the  rapidly  growing  power  of  corporations. 

In  every  direction,  corporate  power  extends  itself ;  and  it 
is  safe  to  say  that  a  larger  proportion  of  legislation,  State 
and  Federal,  is  being  controlled  or  guided  by  their  powerful 
influence  than  by  any  other  means. 

The  fact  is  too  notorious  for  exemplification. 

Whatever  means,  then,  the  State  has  left  to  protect  itself 
from  the  danger  of  such  a  condition  of  aifairs,  cannot  be  too 
promptly  or  effectually  used. 

It  is  no  answer  to  say  that  many  of  these  corporations — 
especially  those  of  our  own  State — are  managed  by  some  of 
our  most  exemplary  citizens. 

The  truth  is,  the  citizens  of  integrity  and  virtue,  in  whom 
all  are  willing  to  confide,  in  their  private  capacity,  as  corpo- 
rators and  directors,  too  often  become  anxious  to  leave  their 


205 

official  consciences  in  the  keeping  of  men  whose  pliant 
sense  of  right  seems  to  better  subserve  the  corporate  need. 

Under  the  plea  of  "  necessity,"  additional  corporate  power 
is  constantly  sought  and  obtained  ;  and  just  in  proportion 
as  the  demands  are  granted,  do  greater  ones  present  them- 
selves. 

It  is  an  axiom,  trite  as  true,  that  Power,  once  possessed, 
ever  seeks  to  manifest  itself;  and  thus,  in  corporate  posses- 
sion— when  it  has  filled  its  own  wants,  it  turns  its  restless 
energies  to  tamper  with,  and  too  often  successfully,  the 
affairs  of  State. 

No  absolute  cure,  perhaps,  can  now  be  had  for  this  condi- 
tion of  public  affairs,  but  the  evil  may  be  largely  arrested  if 
our  legislators  shall  be  elected  without  the  assistance  of  cor- 

o 

porations,  and  take  their  positions,  primarily  at  least  as  in- 
dependent men. 

I  am  glad  to  be  assured  that  the  better  class  of  our  corpo- 
rate managers  desire  to  be  compelled,  by  stringent  laws,  to 
observe  a  strict  neutrality  in  the  election  of  officers  of  State. 
The  burthen  of  assisting  in  political  contests  has  become 
most  onerous  to  them,  and  wrongful  to  the  stockholders 
whom  they  represent.  Under  a  liberal  system  of  legislative 
grants,  which,  from  self  interest,  the  State  is  now  sure  to 
give,  corporations  can  ever  feel  assured  of  all  the  privileges 
and  protection  needed.  Less  than  these,  they  should  not 
need:  more,  they  should  not  obtain. 

From  the  poor,  honest  and  intelligent  class  of  our  citizens 
the  necessity  for  laws  that  will  permit  their  possession  of 
office,  the  demand  has  become  imperative. 

From  the  wealthier  class,  who  largely  bear  the  burthen  of 
taxation,  the  need  is  strongly  urged  ;  and  from  the  State, 
whose  honor,  prosperity  and  perpetuity  is  grounded  upon 
the  virtue  of  its  law-makers  and  administrators,  there  can  be 
but  one  response. 

I  know  it  is  the  fashion  of  the  day  to  consider  such  legis- 
lation as  1  recommend  as  Utopian  in  character  and  useless 
in  attempt.  I  am  not  willing  to  believe  that  the  effort  will 
be  fruitless,  or  that  the  great  body  of  Jerseymen  will  not 


206 

promptly  second  any  attempt  your  legislature  will  permit, 
to  stay  the  course  of  an  evil,  seen  and  acknowledged  by  all, 
and  which,  permitted  to  go  unrestrained,  will  be  certain  to 
bring  shame  and  disaster  to  the  Commonwealth. 

The  well  meaning  people  of  the  State,  of  all  political  par- 
ties, require,  and  should  have,  this  much  at  your  hands  ;  and 
it  will  be  no  proper  answer,  in  my  opinion,  to  say  that  the 
pending  bill  is  incomplete,  or  may  fail  to  accomplish  the  de- 
sired purpose.  It  aims  in  the  right  direction,  and  I  hazard 
little  in  saying  that  with  our  admirable  judiciary  to  admin- 
ister it,  more  usefulness  will  be  found  in  its  practical  opera- 
tion than  may  be  found  comfortable  by  that  large  class  of 
men  who  are  even  now  grasping  political  power  in  the  State, 
through  corrupting  influences. 

Respectfully, 

THEO.  F.  RANDOLPH, 

Governor. 

Recommendation  adopted. 


VETO  MESSAGE 

ON 

Senate  Bill  No.  352,  and  Assembly  Bill  No.  423, 

ENTITLED, 

A    FURTHER    SUPPLEMENT    TO    THE    ACT    ENTITLED    'AN 

ACT   TO   REVISE    AND   AMEND   THE  CHARTER 

OF  THE   CITY   OF   NEWARK.'" 


VETO  MESSAGE. 


EXECUTIVE  CHAMBER,  ) 

TRENTON,  March  29th,  1871.  f 

To  the  Legislature : 

Senate  Bill  No.  352,  and  Assembly  Bill  No.  423,  both  en- 
titled "  A  Further  Supplement  to  the  Act  entitled  '  An  Act 
to  revise  and  amend  the  Charter  of  the  City  of  Newark,'  '' 
approved  March  llth,  1857,  are  herewith  returned  without 
my  approval. 

Among  the  objections  urged  by  me  against  the  Jersey 
City  Charter  was  that  which  provides  that  the  Commis- 
sioners should  have  power  to  take  all  the  house — that 
needed  for  the  opening  of  the  street  as  well  as  that  remain- 
ing— when,  in  opening  a  street,  a  building  should  be  bi- 
sected. 

I  contended  : 

"  That  it  was  proper  to  require  the  purchase  of  a  whole  building  in 
cases  where  a  part  of  it  is  within  the  line  of  the  land  necessary  for  a 
public  improvement,  and  to  give  the  owner  the  privilege  of  removing  it 
from  out  of  the  line  of  the  improvement  to  and  upon  the  residue  of  his 
land  cannot  be  denied. 

"  But  the  right  to  tnkc  private  property  for  public  use  extends  no  far- 
ther than  the  public  necessity.  The  Commissioners  cannot  lawfully  be 
given  the  power  to  take  the  land  not  necessary  for  the  improvement  ;  but 
it  would  be  proper  to  give  to  the  owner  of  a  building  partly  taken  the 
privilege  of  requiring  the  Commissioners  to  purchase  the  residue  as  well 
as  the  privilege  of  removing  the  building.  The  obligation  should  be 
upon  the  Commissioners — the  privilege  that  of  the  owner." 

27 


210 

Now  the  bills  returned  to  your  Honorable  Bodies  are 
even  more  objectionable  as  to  these  powers  granted  Com- 
missioners than  was  the  Jersey  City  Charter. 

Assembly  Bill,  No.  423,  gives  power  to  the  "  Fair  street" 
Commissioners  to  take  an  area  ot  land  beyond  the  public 
necessity,  and  far  beyond  that  required  for  the  improve- 
ment. 

It  also  provides  that  the  land  thus  taken  beyond  the 
public  need  may  be  disposed  of  at  public  or  private  sale,  as 
the  Commissioners  deem  most  expedient. 

This  certainly  is  a  most  convenient  and  prompt  method 
of  disposing  of  property  illegally  seized  at  first,  and  paid 
.  for  by  the  citizens  or  the  corporation  afterwards,  and  finally 
placed  in  the  hands  of  Commissioners  to  sell  at  public  or 
private  sale  to  whom  they  please  and  upon  terms  deemed 
proper  by  them. 

Senate  Bill,  No.  252,  provides  that  whenever  Commis- 
sioners, appointed  by  the  Common  Council,  "  shall  find  it 
necessary  or  expedient  to  estimate  and  assess  full  valuation 
for  the  whole  of  any  lot,  tract  and  parcel  of  the  lands  and 
real  estate  of  any  such  owner  or  owners,  including  any  such 
gores,  strips  or  portions  of  said  lot,  tract  or  parcel  of  said 
lands  and  real  estate,  adjoining  the  line  of  said  street,  road, 
highway  or  alley,  public  park  or  square,  said  Commissioners 
shall  have  the  power  to  condemn  the  whole  of  said  lot,  tract 
or  parcel  of  said  lands  and  real  estate,  including  said  gores, 
strips  or  portions  adjoining  the  lines  of  said  street,  road, 
highway  or  alley,  public  park  or  square,  and  such  owner  or 
owners  shall,  upon  the  payment  of  the  amount  of  said  as- 
sessment, execute  and  delivev  to  the  city  a  good  and  suffi- 
cient conveyance  of  the  whole  of  said  lot,  tract  or  parcel  of 
lands  and  real  estate,  including  such  gores,  strips  or  por- 
tions adjoining  the  line  of  said  street,  road,  highway  or 
alley,  public  park  or  square." 

Aside  from  the  constitutional  objection  urged  against 
these  bills,  it  would  seem  to  be  but  just  that  whenever  pri- 
vate property  has,  for  public  purposes,  to  .be  entered  upon 
and  "  taken,"  whatever  may  remain  of  it,  should  be  enjoyed 


211 

by  the  owner  as  to  occupancy  or  benefit  of  sale.  Certainly, 
the  citizens  of  Newark  do  not  desire,  in  addition  to  the 
powers  of  Council  of  opening  new  streets,  that  of  condemn- 
ing all  property  that  happens  to  lie  contiguous  to  such  im- 
provements. 

The  inducements  for  Council  to  make  "  Improvements"- 
now  perhaps  sufficiently  strong — would  be  increased  very 
largely,  when  within  the  ordinary  temptations  such  "  Im- 
provements "  always  engender ;  there  lies  the  elements  of  a 
Real  Estate  Speculation  requiring  no  capital,  and  no  very 
great  amount  of  talent. 

Respectfully, 

THEO.  F.  RANDOLPH, 

Governor. 

Veto  sustained 


ANNUAL  MESSAGE 

To  the  Legislature,  Session  of  1872. 


28 


ANNUAL  MESSAGE. 


To  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey  : 

With  the  transmission  of  this  message,  my  duties  as  the 
Chief  Magistrate  of  New  Jersey  practically  cease. 

To  the  people  of  the  State,  irrespective  of  political  sym- 
pathies— to  the  officers  of  government  in  all  departments,  I 
owe,  and  desire  to  express  my  sincere  gratitude  for  their 
unvarying  forbearance  toward  me,  and  generous  support  of 
most  of  my  official  acts. 

In  surrendering  the  duties  of  my  office  to  one  whose 
administration  in  former  years  testifies  his  fitness  for  present 
duty,  I  desire  to  say  that,  in  my  judgment,  the  compen- 
sation of  the  Governor  of  this  State  is  entirely  inadequate 
to  the  service  performed,  or  the  necessary  expenses  incurred 
in  maintaining  the  proprieties  and  dignities  of  the  office.  I 
therefore  recommend  that  a  law  be  passed  before  my  suc- 
cessor is  sworn  in  office,  which  shall  increase  the  salary  of 
the  Governor  to  an  amount  equal,  at  least,  to  that  of  the 
highest  judicial  officer  of  the  State.  This  done,  with  the 
principal  residence  of  the  Executive  fixed  at  the  Capital,  no 
occupation  of  his  time  in  any  other  employment  would  be 
necessary.  Were  it  deemed  advisable  to  amend  the  State 
Constitution,  I  should  also  favor  a  more  liberal  compensa- 
tion to  members  of  the  Legislature  than  they  now  receive. 
All  members  of  the  State  government  have  a  more  divers- 
tied  and  larger  care  than  falls  upon  officers  of  many  of  the 
more  extensive  and  populous  Commonwealths.  Our  shores 
receive  and  send  away  a  commerce  scarcely  second  to  any — 
our  railway  system  has  really  become  the  culmination  of 


220 

that  of  a  vast  continent — our  agricultural  thrift  is  so  great 
that  the  average  value  of  land  in  New  Jersey  exceeds  that 
of  any  State — our  mechanic  arts  show  the  production  of 
values  beyond  most  other  American  communities — our 
proximity  to  the  great  markets  insures  prompt  sale  to  our 
commodities — our  growth  in  population  exceeds  that  of  any 
Atlantic  State — our  institutions  of  education  are  known  the 
world  over — our  children  are  as  liberally  and  universally 
educated  at  the  public  cost,  as  in  any  other  State — and  our 
general  prosperity  may  be  best  measured  by  repeating  the 
fact,  that  our  contributions  toward  the  support  of  the  Fed- 
eral government  exceeds,  pro-ratably,  that  of  any  of  the 
State,  save  one,  perhaps.  Such  interests  and  opportunities 
needs  faithful  and  efficient  officers  of  state,  to  protect  and 
foster  them.  Mean  compensation  will  preclude  among  the 
very  best  of  our  citizens  from  holding  offices  of  trust  and 
honor — because  of  their  poverty.  It  is  not  the  interest  of 
the  State  to  force  the  poor  from  competition  for  her  highest 
gifts,  and  leave  them  to  the  ambition  of  her  wealthy  citi- 
zens alone. 

If  we  add  to  the  peculiar  advantages  enumerated  or 
known,  the  conspicuous  one  that  under  our  admirable  judi- 
ciary, the  amplest  security  known  to  law  is  given  to  life  and 
property,  there  seems  no  reasonable  limit  to  our  prosperity 
as  a  Commonwealth — so  we  but  guard  the  avenues  of  mere 
adventurers  and  creatures  of  political  chance  on  the  one 
hand,  and  invite,  by  liberal  provision,  intelligent  and  honest 
men  on  the  other. 

FINANCIAL. 

The  financial  condition  of  the  State  is  excellent.  Its  in- 
come for  the  year  has  been  : 

From  the  State  fund, $868,832  81 

From  war  fund, 380,958  45 

From  school  fund, 187,214  27 

From  agricultural  college  fund, 6,960  00 

From  other  sources, 1,550  00 

Balance  November  1,  1870, 55,804  42 

Total, $1,501,319  95 


221 

The  sources  of  receipt,  as  to  the  State  fund,  have  been: 

From  United  Companies,  taxes,  dividends  and 

interest, 8357,842  GO 

From  Morris  and  Essex  Railroad  Company,. .  .  116,500  00 

From  Central  Railroad  Company, 50,637  02 

From  all  other  railroad  companies, 44.845  84 

From  riparian  sources, 29,000  00 

From  U.  S.  Government,  (old  claims), 56,264  05 

From  State  taxes, ." 189,876  79 

From  other  sources, 23,766  51 

Total, $868,832  81 

It  will  be  observed  that  over  one-half  of  the  entire 
receipts  of  the  State  fund  come  from  imposts  but  upon  two 
railway  companies.  Their  capital  constitutes  a  smaller  por- 
tion of  the  entire  railway  capital  of  the  State,  yet  contrib- 
utes of  revenue  as  stated.  There  is  so  manifest  an  inequal- 
ity in  the  operation  of  the  laws  under  which  revenue  to  the 
State  is  levied  from  its  railway  corporations,  that  a  thorough 
revision  of  them  is  recommended. 

It  will  be  recollected  that  in  most  instances,  the  charters 
of  our  railway  companies  release  their  property  from  local 
taxation,  upon  the  presumption  that  adequate  compensation 
for  the  local  loss  is  had  by  a  full  payment  of  taxes  to  the 
State.  Practically,  most  railway  companies  receiving  the 
protection  of  the  laws,  State,  county  and  municipal,  yield 
little  of  direct  relief  to  our  heavily  burdened  tax-payers. 

The  State  has  received  Irom  the  general  government  dur- 
ing the  year  past,  thfc  additional  sum  of  $55,264.05,  on  ac- 
count of  war  claims  rejected.  The  total  amount  of  these 
claims  collected  during  my  term,  mainly  through  the  zeal 
and  fidelity  of  Quartermaster  General  Perrine,  is  $147,800. 
They  had,  in  the  main,  been  considered  lost  to  the  State. 

The  State  tax  collected,  though  larger  than  usual,  cannot 
be  safely  intermitted  the  coming  year,  inasmuch  as  the 
needful  appropriations  for  the  State  House  completion,  the 
Northern  Asylum  and  the  Reform  Schools  will  require  large 
additions. 


222 

At  this  point,  it  may  not  be  improper  to  say,  that  the 
appropriation  of  your  predecessors  for  re-constructing  the 
State  House  was  found  entirely  inadequate,  and  I  fully  con- 
curred with  the  commissioners  in  taking  the  responsibility 
of  expending  a  large  additional  amount,  the  ultimate  econ- 
omy and  benefit  of  which  expenditure,  I  trust,  will  be  mani- 
fest to  the  members  of  your  honorable  bodies ;  who,  with 
the  courts  and  State  officers,  will  now  have  commodious, 
convenient  and  healthful  accommodations. 

The  expenditures  from  the  State  fund  ($801,618.34)  are 
of  the  usual  character,  save  as  to  an  item  or  two. 

The  new  wing  of  the  State  Prison  has  cost  $122,000  thus 
far,  but  it  is  practically  finished,  and  probably  has  no  supe- 
rior in  the  country,  as  regards  construction,  convenience  and 
safety. 

The  public  printing  for  the  year  past  has  cost  over  eighty- 
two  thousand  dollars,  an  amount  in  excess  of  the  cost  of 
conducting  the  entire  government  at  one  time.  In  its  ex- 
pensiveness  it  stands  superior  to  any  item  of  State  expendi- 
ture. In  a  portion  of  its  results,  it  is  the  most  unsatisfac- 
tory and  meagre.  The  manner  of  publishing  the  legisla- 
tive journals  and  other  documents  is  discreditable — aside 
from  the  great  wrong  done  our  tax-payers  pecuniarily,  the 
books  are  most  clumsily  issued. 

It  is  due  to  truth  to  say,  that  the  evil  is  the  result  of  an 
acquiescence,  by  both  political  parties,  in  this  mode  of 
rewarding  political  services.  That  it  is  not  strictly  right, 
all  men  know,  and  that  the  public  mind  is  keenly  alive  to 
all  misuse  of  the  public  moneys,  no  one  can  mistake. 

The  delay  in  rectifying  this  public  wrong,  to  which  I 
called  attention  under  circumstances  where  my  political 
associates  were  being  benetitted,  should  no  longer  exist.  A 
false  courtesy  has  restrained  many  of  our  leading  journalists 
from  exposing  the  wrong,  because  some  of  their  brotherhood 
were  the  recipients  of  the  benefits.  But  the  day  has  come 
when  they  who  would  be  the  conservators  of  public  virtue, 
must  themselves  practice  it. 

The  receipts  of  the  War  Fund  have  been  $382,025.95  for 


the  year,  derived  from  taxation,  save  $58,985.45  received 
from  the  general  government  on  account  of  claims  allowed. 

Disbursements  from  this  fund  have  been  made  to  the 
Home  for  Soldiers'  Children,  say,  *41,000 ;  to  Home  for 
Disabled  Soldiers,  $38,000;  and  to  State  Military.  £20,000. 
These  sums,  with  $277,000  paid  to  the  Sinking  Fund,  con. 
stitute  the  principal  expenditures. 

The  outstanding  bonds  of  the  State  are  $2,896,200.  The 
assets  of  the  State,  of  one  description  and  another,  are 
quite  sufficient  to  extinguish  these  bonds,  if  they  could  be 
purchased  at  their  par  value.  I  adhere  to  my  previous 
expression,  that  the  expenditure  in  behalf  of  the  Home  for 
Disabled  Soldiers  is  less  productive  of  good  than  is  gener- 
ally supposed,  and  I  recommend  its  affairs  to  your  consid- 
ation  As  a  rule,  our  better  invalid  soldiers  do  not 
receive  its  benefits,  and  the  poorer  ones  get  a  questionable 
service. 

SINKING   FUND. 

The  report  of  the  Commissioners  of  the  Sinking  Fund 
shows  assets  amounting  to  $1,183.112.16.  If  to  this  be 
added  the  assets  of  other  State  funds,  the  total  indebtedness 
of  the  State  could  be  paid  at  once.  The  receipts  of  the 
fund  for  the  year  have  been  $381,754.93.  The  'high  char- 
acter of  the  commissioners  guarantees  its  safe  and  economi- 
cal management. 

LEASE  of*   PROPERTY""  or  JOINT  COMPANIES. 

During  the  year  the  most  valuable  and  extensive  railway  - 
properties  existing  in  Ne\v  Jersey,  those  ot  the  Joint  Com- 
panies, have  been  leased.to  the  Pennsylvania  Railway  Com- 
pany. 

The  State  having  by  legislation  given  its  consent  to  such 
a  lease  being  effected,  no  opinion  or  action  as  to  the  policy 
of  the  lease  became  necessary  or  pertinent  upon  the  part  of 
its  officers. 

I  deem  it  of  immense  value  to  the  State  that  its  right  of 


224 

redemption  in  the  great  properties  leased  shall  in  no  manner 
be  lessened.  Whilst  we  should  not,  at  any  time,  favor  the 
conduct  of  the  affairs  of  private  corpoiations  by  State  offi- 
cials, we  ought  not  to  lessen  our  possession  of  a  right  that 
in  time  will  have  a  marketable  value  worth  millions. 

EDUCATIONAL. 

The  people  of  New  Jersey  have  contributed,  by  local  and 
State  taxation,  for  the  support  of  their  public  schools,  dur- 
ing the  past  year,  the  amount  of  two  millions  three  hundred 
and  seventy-five  thousand  dollars  ($2,375,000),  equal  to 
about  two  and  one-half  dollars  to  each  person  resident  of  the 
State.  The  total  number  of  children  of  school-age,  is  two 
hundred  and  sixty-five  thousand  nine  hundred  and  fifty-eight 
(265,958),  and  of  these,  the  average  number  attending  the 
public  schools  is  one  hundred  and  seventy  thousand  (170,000.) 

Thus,  the  taxation  practically  amounts  to  about  fifteen 
dollars  for  each  child  receiving  any  portion  of  the  benefits 
of  the  school  moneys. 

So  large  an  aggregate  sum  taken  ffom  our  tax-payers,  for 
a  single  object,  demonstrates  the  degree  of  interest  in  a 
cause  so  commendable.  But,  in  my  judgment,  we  have 
reached  the  full  limit  of  our  present  responsibility,  in  con- 
tributing as  liberally  as  we  have,  and  in  perfecting  a  system 
by  which  our  means  may  be  rendered  most  serviceable. 

Whatever  defects  exist  under  the  present  system — and 
they  cannot  be  many  nor  great — favorably  measured,  as 
that  system  is,  by  contrast  with  those  of  the  most  enlight- 
.  ened  States,  these  defects  are  sure  to  be  pointed  out  by  the 
very  intelligent  body  of  gentlemen,  appointed  under  legis- 
lative authority  during  the  past  year,  to  report  upon  edu- 
cational matters. 

The  statistics  show  that  of  twenty-nine  hundred  and 
thirty-one  teachers  employed,  nine  hundred  and  fifty-two 
are  males,  with  average  salaries  of  §57. 3i  per  month,  and 
nineteen  hundred  and  seventy-nine  are  females,  with  sal. 
aries  equal  to  $32.43  per  month.  The  school  property  is 


225 

valued  at  $4,246,000.  Sixty-five  per  cent,  of  the  children 
of  the  State  attend  the  public  schools,  thirteen  per  cent,  at- 
tend private  schools,  and  twenty-two  per  cent,  are  reported 
as  attending  no  school  at  all. 

The  percentage  attending  the  public  schools  for  ten 
months  is  only  nine  ;  for  eight  months  and  over,  fourteen  ; 
for  six  months  and  over,  seventeen  ;  and  of  those  attending 
less  than  tour  months  the  percentage  reaches  forty. 

Ot  children  cared  fur  at  the  public  schools,  the  attend- 
ance shows  an  average  of  about  fifty  per  cent.,  so  that,  in 
point  of  fact,  our  disbursement  of  two  and  a  half  millions 
of  dollars  is  made  equal  to  the  full  tuition  of,  say,  eighty- 
live  thousand  children. 

It  is  exceedingly  difficult  to  suggest  a  proper  remedy  for 
the  defective  attendance  at  our  public  schools.  The  com- 
pulsory system  is,  in  my  judgment,  antagonistic  to  the 
spirit  of  our  form  of  government ;  and,  however  beneficially 
it  may  have-  been  enforced  under  monarchical  form,  it  can 
only  be  engrafted  upon  ours  with  difficulty  and  danger.  We 
must,  probably,  bear  for  the  time  the  deprivations  and 
losses  ever  incident  to  popularizing  never-so-good  a  cause, 
trusting  to  the  rapidly-growing  intelligence  of  the  people, 
to  take  advantage  of  the  now  partially  neglected  opportu- 
nities of  education. 

Better  such  temporary  loss  than  confer  upon  the  State  a 
power  that  will  almost  inevitably  precede  the  more  inquisi- 
torial guardianship,  and  more  dangerous  encroachments,  as 
regards  individual  affairs.  Individual  duties  and  personal 
rights  are,  in  the  main,  so  intimately  interwoven,  that  the 
care  by  the  State  of  the  one,  is  but  the  concession,  by  the 
citizen,  of  the  other. 

The  affairs  of  the  State  Normal  School,  and  of  the  Far- 
num  School,  continue  to  be  conducted  with  economy  and 
sagacity.  Our  system  of  public  instruction  makes  the  de- 
mand for  well  and  methodically  trained  teachers  a  constant 
one,  and  these  preparatory  institutions  of  the  State  supply 
this  need. 

Altogether,  it  is  no  exaggeration  to  say  that  the  public 
29 


226 

school  system  of  New  Jersey  is  as  complete,  and  as  gener- 
ously supported,  as  that  of  any  State  in  the  Union. 

MILITIA. 

At  no  time  within  the  history  of  the  State  has  its  mili- 
tary arm  been  more  efficiently  organized  than  at  present. 

Upon  several  occasions  during  my  administration  oppor- 
tunity has  been  afforded  to  test  the  promptness  and  efficiency 
of  our  citizen  soldiery,  and,  in  every  instance,  the  response 
has  been  most  satisfactory.  During  the  past  year,  when 
disturbances  of  a  grave  character  were  anticipated,  and 
when  delay  in  the  execution  of  orders  to  military  organiza- 
tions would  probably  have  resulted  in  serious  loss  of  life 
and  property,  I  obtained  prompt  and  cheerful  military  as- 
sistance, and,  in  my  judgment,  secured  rights  of  the  most 
vital  character,  and  obedience  to  our  laws,  by  indicating  the 
possession  of  ample  power  to  enforce  them. 

The  military  arm  of  the  government  performed  its  proper 
and  highest  functions  in  sustaining  the  civil  and  religious 
rights  of  the  people.  Thus  it  has  been  made  conspicuously 
plain  that  no  abridgement  of  the  right  of  any  of  our  citi- 
zens to  peaceably  assemble,  can  be  successfully  or  safely 
undertaken — and  that  like  their  rights  to  a  free  press  and 
free  speech,  all  attempted  encroachments  will  be  fearlessly 
and  promptly  met.  All  men,  of  every  creed  and  race,  are 
alike  interested  in  preserving  and  perpetuating  these  inheri- 
tances. 

Orders  have  been  issued  for  the  alteration  of  our  muskets 
into  breech-loaders,  and  our  arms  will  thus  be  of  a  quality 
and  efficiency  the  most  approved. 

STATE    PRISON    MATTERS. 

The  statements  of  no  department  will  be  read  with  more 
satisfaction,  as  to  financial  and  other  results,  than  those  of 
the  State  Prison. 

My  predecessor  justly  claimed  that  under  the  old  method 
of  management,  the  results  were  simply  costly  and  vex- 


227 

ations.  By  common  consent,  members  of  both  political 
parties  agreed  upon  the  passage  of  a  law,  making  possible 
an  economical  and  non-political  management.  In  the  main 
this  result  has  been  achieved,  and  to  it  may  be  traced  the 
great  saving  to  the  State  of  nearly  two  hundred  thousand 
dollars,  within  the  two  and  a  half  years  of  its  trial.  To  this 
may  be  added  of  material  gain,  .the  better  discipline  of 
prisoners,  and  their  improved  morals. 

The  condition  of  the  prison,  and  the  economy  of  its  man- 
agement have  been  such,  that  I  feel  it  a  public  duty  to  urge 
the  retention  of  its  now  experienced,  faithful  chief  officers. 

The  system  of  contract  labor  works  advantageously,  thus 
far,  although  it  does  not  produce  the  entire  profit  to  the 
State  that  it  is  possible  to  derive  from  prison  labor, — I  do 
not  deem  it  desirable,  however,  to  cnange,  at  present,  the 
system  of  employment. 

It  seems  to  me  that  unnecessarily  large  expenditure  is 
made  each  year  by  the  State,  for  the  transportation  of  pri- 
soners, and  cost  of  their  commitment,  amounting  to  nearly 
$24,000.  If  this  expense  were  laid  upon  the  county  sending 
the  prisoners,  the  State  would  be  greathr  the  gainer,  and  an 
equitable  method  would  be  reached  of  imposing  such  ex- 
penses directly  upon  taxpayers  most  beneh'tted. 

It  seems  to  be  conceded  by  all  intelligent  persons,  who 
have  made  the  subject-  of  the  reformation  of  criminals  a 
study,  that  every  influence  upon  prisoners,  whilst  within 
the  custody  of  the  State  is  largely  lost,  if  it  be  not  supple- 
mented by  some  care  when  they  are  discharged.  The  reso- 
lutions of  penitential  hours  are  broken,  too  oiten,  under  the 
ordeal  of  forced  idleness — the  great  body  of  employers  re- 
fusing work  to  discharged  convicts.  It  is  the  sad  history  of 
too  many  prisoners,  returned  for  second  offences,  that  in 
sheer  despair,  and  after  fruitless  efforts  to  obtain  honest  em- 
ployment, they  fall  victims  to  necessity  and  temptation. 
The  State  may  properly  consider  the  policy  and  humanity 
of  providing  labor  for  those  discharged  convicts  who  desire 
the  means  of  temporary  subsistence,  and  the  opportunity  of 
indicating  their  purpose  to  live  lawfully. 


228 


STATE    LIBRARY. 

With  the  completion  of  the  addition  to  the  Capitol,  the 
rooms  of  the  Library  will  be  largety  increased.  The  appro- 
priation for  additional  books,  long  needed,  should  be  in  con- 
siderable excess  of  former  years. 

AGRICULTURAL    COLLEGE,  &C. 

The  Trustees  of  the  College  and  Scientific  School  report 
very  favorably  upon  these  Institutions.  The  school  farm 
gives  practical  evidence  of  what  may  be  accomplished  by 
agriculturists  having  scientific  knowledg  to  guide  them. 

The  Scientific  School  has  obtained  an  enviable  reputation 
at  home  and  abroad,  and  so  marked  has  been  the  training 
of  its  graduates,  that,  in  most  instances,  they  have  ad- 
vanced at  once,  from  their  studies  to  positions  of  honor  and 
profit. 

The  State  is  at  no  real  cost  for  the  maintenance  of  these 
institutions,  the  moneys  given  being  the  annual  interest  de- 
rived from  the  United  States  Fund,  granted  for  the  pur- 
pose. 1  belie  vekwe  could  contribute  an  additional  sum  to  the 
enlargement  and  support  of  these  schools,  with  advantage 
to  our  people. 

REFORM   SCHOOL. 

The  Boys'  Reform  School,  at  Jamesburg,  fully  meets  the 
anticipations  of  its  philanthropic  founders — and  the  gen- 
erous care  bestowed  upon  its  management,  by  some  of  our 
most  eminent  citizens,  insures  its  growing  influence. 

It  is  founded  upon  the  principle  that  the  duty  of  the  State 
is  to  make  provision  for  that  class  of  children  who,  neglected 
and  destitute,  commit  petty  crime  under  temptation,  and  are 
still  within  the  reach  of  reformatory  measures.  The  institu- 
tion is  certainly  fulfilling  its  mission,  and  deserves  the  con- 
stant protection  of  the  State.  The  reports  of  its  officers 
abound  in  valuable  information. 


229 


GIRLS     INDUSTRIAL    SCHOOL. 

The  great  success  which  has  attended  the  Reform  School 
for  Boys,  together  with  the  evident  failure  to  produce  refor- 
mation in  youthful  female  convicts,  who  were' thrown  amonir 
older  convicts  of  their  sex,  induced  your  predece.— <  >ra  to  -rant 
an  appropriation  for  the  establishment  of  a  School  of  Reform 
for  Girls.  The  Commissioners  of  the  school  have  bestowed 
commendable  zeal  and  care  in  reaching  their  conclusions,  and 
the  school  has  been  finally  located  at  Trenton.  A  perusal  of 
the  report  will  show  that  the  institution  will  begin  its  career 
of  usefulness  under  favorable  circumstances.  At  no  distant 
day,  the  buildings  now  occupied  for  the  care  of  soldiers' 
children  will  be  no  longer  needed,  and  they  mav  then  be 
used  advantageously  tor  the  purposes  of  this  institution. 

SOLDIERS'  CHILDREN'S  HOMK. 

This  benevolence  of  the  State  has  now  been  in  operation 
over  seven  years,  and  has  during  that  period  cared  for  and 
largely  educated  over  one  thousand  children  of  soldiers. 

The  average  number  daring  the  present  year  has  been  two 
hundred  and  fifty,  two — about  three-fifths  boys,  and  the  re- 
mainder girls. 

.Beyond  question,  a  great  amount  of  suffering  has  been 
spared  to  these  almost  helpless  children — and  being  retained 
at  the  institution  until  their  fifteenth  year,  they  begin  the 
duties  of  life  with  advantages  not  else  to  be  had  by  them. 

If  it  is  practicable  to  give  them  the  elementary  knowledge 
of  mechanical  or  other  industrial  pursuits,  the  Home,  it 
seems  to  me,  would  more  amply  fulfill  its  original  purpose. 

FISHERIES. 

So  rapidly  were  the  fish  being  taken  from  our  numerous 
streams  and  lakes,  that  your  pedecessors  deemed  it  proper 
to  enact  a  law,  with  a  view  to  protecting  those  remaining. 
and  making  provisions  for  their  propagation.  The  report  of 


230 

the  Commisioners  will  be  found  very  interesting.  When  it 
is  remembered  that  no  food  is  more  nutritious,  nor  more 
cheaply  provided,  than  our  rivers  once  amply  supplied,  and 
are  yet  ready  to  furnish,  under  proper  protection,  the  recom- 
mendation of  the  Commissioners  for  additional  legal  power 
will  be  appreciated,  and,  I  trust  favorably  entertained. 

GENERAL     LAWS. 

The  evils  of  special  legislation  have  become  so  manifest, 
that  the  oft-repeated  arguments  in  favor  of  general  laws, 
scarce  need  rehearsal. 

Our  statute  books  are  filled  with  laws,  that  are  substan- 
tially, mere  repetitions  of  each  other — convenience  and  econ- 
omy, therefore,  dictate  their  operation  under  the  general 
system. 

To  the  legislative  branch  of  the  government,  a  vast  saving 
of  time  would  be  secured  by  its  adoption.  To  the  judicial 
department,  the  economy  of  labor  would  be  a  manifest  ad- 
vantage. To  the  public,  the  certainty  of  iust  and  c<]iial 
privileges,  which  such  laws  establish,  would  go  far  toward 
insuring  the  accretion  of  capital  within  our  own  borders,  the 
healthful  and  steady  development  of  industrial  enterprises, 
and  security  against  the  wrongs,  which  special  privileges,  by- 
legislation,  are  calculated  to  engender. 

There  is  no  railway  enterprise,  which  capital  may  desire  to 
develop,  that  cannot  now  be  left  to  the  protecting  care  of  a 
law  universal  in  its  application.  There  can  scarcely  be  a 
manufacturing  or  other  industrial  interest  that  will  not  obtain 
under  such  enactment,  all  necessary  protection.  The  larger 
proportion  of  town  charters  would  be  obviously  improved 
under  a  system  of  clear,  explicit,  and  well-defined  authorities. 
As  a  whole,  these  charters  are  now  the  source  of  vexation 
and  wrong  to  the  people,  cumbersome  in  detail,  framed  fre- 
quently for  sinister  purposes,  and  almost  inviting  the  corrupt 
among  town  and  municipal  officers  to  frauds  and  oppressions 
with  which  the  times  are  fraught. 


231 


NORTHERN    LUNATIC    ASYLUM. 

The  last  legislature  appropriated  one  hundred  thousand 
dollars  ($100,000),  for  the  purchase  of  lands,  and  the  com- 
mencement of  the  erection  of  a  Lunatic  Asylum,  to  be 
located  in  the  northern  portion  of  the  State.  The  commis- 
sioners appointed  under  the  law  have  made  a  very  full  ex- 
amination of  the  sites  offered  for  their  inspection,  which 
seemed  at  all  suitable  to  meet  the  requirements  of  the  act. 

They  have  selected,  under  my  approval,  a  site  near  Mor- 
ristown,  which  has  the  requisites  of  healthful  location,  abund- 
ant supply  of  water,  and  building  materials  in  ample  quan- 
tities. To  these  advantages  of  an  economic  character,  are 
added  those  of  nearness  to  the  more  densely  populated  por- 
tion of  our  State,  and  immediate  proximity  to  the  markets 
from  which  the  large  supplies  necessary  to  such  an  institu- 
tion can  be  most  readily  and  cheaply  procured. 

About  seventy  thousand  dollars  ($70,000),  has  been  ex- 
pended in  the  purchase  of  land — over  three  hundred  and 
fifty  (350)  acres,  and  the  residue  of  the  appropriation  will 
need  to  be  augmented  for  the  necessary  work  of  the  coming 
year. 

LEGISLATIVE   COMMISSIONS. 

The  tendency  of  recent  legislation  in  this,  as  in  other  States, 
has  been  to  endeavor,  by  legislative  commissions,  to  redress 
the  inevitable  evils  in  municipal  affairs,  ever  lurking  under 
our  form  of  government.  This  method  of  correction  is  anti- 
republican  in  spirit,  and  no  evils,  temporarily  redressed  by 
its  application,  can  be  so  great  as  those  created  by  the  effort. 
One  system  of  encroachments  makes  way  for  a  greater,  and 
a  free  people  who  quietly  submit  to  the  transfer  of  the  priv- 
ileges and  powers  of  their  local  government  to  a  central  State 
power,  will  find  no  embarrassment  in  yielding  the  rights  and 
powers  of  the  State  to  a  central  federal  head,  when  called 
upon  so  to  do. 

The  true  correction  for  abuses  under  municipal  govern- 
ment lies  in  elevating  the  character  ot  local  rulers,  and  re- 


232 

cent  experience  has  taught  us,  that,  as  in  New  York,  it  is 
safe  to  rely  on  the  ultimate  assertion  by  the  people  of 
their  rights,  and  their  punishment,  tardy  though  it  be,  of 
wrong. 

BRIBERY    LAW. 

Notwithstanding  the  doubts  expressed  as  to  the  practica- 
bility of  enforcing  a  law  against  bribery  at  elections,  expe- 
rience gives  evidence,  (hiring  the  past  year,  of  the  most 
beneficial  results  attending  the  enforcement  of  the  recently 
enacted  laws  on  this  subject.  At  no  time,  within  twenty 
years,  have  our  elections  been  so  free  from  the  disgrace  of 
corruption  at  the  ballot-box,  as  during  the  late  elections. 

The  law  should  be  amended  so  as  to  permit  the  Executive 
to  offer  such  liberal  rewards  for  the  conviction  of  persons 
violating  it,  as  to  insure  zeal  in  its  prosecution.  This  done, 
and  faithful  public  officers  will  possess  ample  power  to 
repress  an  evil,  that,  of  all  others,  in  government  is  most 
dangerous. 

GEOLOGICAL    SURVEY. 

The  report  of  this  board,  contains,  as  usual,  the  most  val- 
uable information.  To  the  labors  of  the  Commissioners, 
and  especially  to  the  State  Geologist,  our  agriculturists  and 
miners  are  indebted  for  long  needed  knowledge. 

Under  the  supervision  of  this  board,  plans  for  drainage  are 
now  being  prepared,  by  which  thousands  of  acres  of  the  best 
producing  land  in  the  country  will  be  rendered  available. 
The  increase  each  year  in  taxable  property  alone,  made  so 
under  intelligent  direction,  will  more  than  suffice  to  pay  the 
cost  of  maintaining  the  commission  for  years  to  come. 

LUNATIC    ASYLUM. 

This  institution  has  now  been  in  operation  twenty-five 
years,  and  continues  to  sustain  its  reputation  of  one  of  the 
most  successful  of  this  class  of  humane  undertakings. 

D 

It  has  cared  for  more  than  four  thousand  afflicted  persons 
during  its  existence — has  fully  restored  fifteen  hundred  of 


233 

them — partially  restored  over  one  thousand,  and  has  now 
under  its  care  seven  hundred  patients.  Its  receipts  from  all 
sources  for  the  year  have  been,  say  $172,000 — and  its  expen- 
ditures were  $167,000.  Of  these  receipts  private  patients,  of 
whom  there  are  ninety-eight,  contribute  $30,000.  The  vari- 
ous counties  contribute  $105,000 — the  residue  being  taken 
directly  from  the  State  treasury.  The  value  of  personal 
property  connected  with  the  Asylum  is,  $85,000. 

The  institution  continues  to  care  for  a  much  larger  mini- 

o 

ber  of  patients  than  it  was  originally  designed  for.  The 
Northern  Asylum,  when  completed,  will  not  only  relieve  the 
existing  one,  but  provide  for  the  care  of  several  hundred  per- 
sons in  addition.  Under  any  circumstances,  however,  it  must 
be  many  months  before  sufficient  accommodations  can  be  had 
for  the  care  of  our  insane  by  the  erection  of  new  accommo- 
dations. The  work  upon  the  Northern  Asylum,  now  the 
selection  of  a  suitable  site  has  been  made,  will  be  ener^eti- 

7  O 

cally  forwarded. 

No  expenditure  the  State  may  make  for  the  care  or  relief 
of  this  most  afflicted  class  of  its  citizens,  should  be  more 
promptly  met,  or  cheerfully  acceded  to. 

RIPARIAN   MATTERS. 

The  labors  of  the  Commissioners,  having  in  charge  the 
riparian  interests  of  the  State,  have  been  very  considerable 
during  the  year,  and  the  pecuniary  results  continue  to  vindi- 
cate the  propriety  of  the  State's  care  of  this  portion  of  its 
domain.  Applications  are  now  pending,  by  which  a  large 
sum  will  be  placed  in  the  treasury  at  an  early  day. 

Especial  attention  is  requested  to  the  recommendations  of 
the  board  witli  reference  to  the  oyster  fisheries  of  the  State. 
Laws  may  be  enacted  by  which  a  revenue  will  be  realized, 
and  protection  given  to  the  owners  of  our  extensive  oyster 
beds,  and  that  without  a  burthensome  impost.  The  moneys 
received  from  the  rental  of  oyster  beds  in  the  various  shore 
counties  is  usually  dedicated  to  the  assistance  of  the  county 
schools. 
30 


234 

Your  attention  is  called  to  the  extension  of  the  shore  line 
of  New  York  bay  by  the  authorities  of  New  York.  Whilst 
New  Jersey  has  steadily  adhered  to  the  line  laid  down  by 
the  United  States  authorities  as  the  proper  exterior  one,  our 
neighboring  State  has  deemed  it  proper  to  extend  her  limit 
from  one  to  two  hundred  feet.  It  may  now  not  be  practicable 
for  the  authorities  of  New  York  city  to  make  the  long  needed 
improvements,  essential  to  the  call  ot  her  great  commerce, 
without  these  encroachments  upon  the  harbor,  but  with  our 
own  great  interest  in  preserving  the  usefulness  of  our  com- 
mon harbor,  it  should  be  a  matter  of  solemn  compact,  that 
further  extension  of  exterior  lines  should  forever  cease. 

KAILROAD  MATTERS. 

During  the  year  my  attention  has  been  frequently  called  to 
the  great  delay  of  passengers  on  the  railways  using  the  Bergen 
tunnel.  Over  five  millions  of  persons,  probably  pass  through 
this  great  thoroughfare  during  the  year,  and  the  unnecessary 
delay  of  even  a  few  minutes  to  each  person,  makes  the  aggre- 
gate an  enormous  loss  of  time.  When,  however,  to  an  un- 
avoidable loss  consequent  upon  the  numerous  trains  seeking 
the  convenience  of  the  tunnel,  a  much  greater  loss  occurs, 
because  of  what  seems  to  the  public,  a  most  unreasonable  and 
unreliable  compact  between  the  companies  controlling  it,  by 
which  persons  are  made  to  wait  upon  the  slow  transit  of 
cattle  and  merchandise;  then  in  my  judgment,  it  becomes 
the  duty  of  the  State  to  designate  by  law,  what  I  believe  to 
be  the  ever  superior  rights  of  the  people. 

The  companies  using  the  tunnel  are  controlled  by  foreign 
corporations,  whose  interests,  though  largely  identified  with 
ours,  in  fact,  seem  to  be  used  at  times  against  us.  Our  people 
are  not  called  upon  to  discuss  the  equities  between  the  two 
great  companies.  They  know  that  by  our  authority,  most 
valuable  franchises  have  been  granted  to  them  ;  that  they  are 
held  subject  to  legislative  control ;  and  that  it  is  within  the 
clear  province  of  your  honorable  bodies  to  enact  such  laws 
as  will  protect  them  in  their  reasonable  demand  to  suffer  no 
unnecessary  delay  in  transportation,  nor  risk  of  life  or  prop- 
erty. 


235 

That  property  is  now  being  lessened  in  value,  and  popula- 
tion, in  a  most  thrifty  portion  of  our  State,  retarded  in 
growth  by  the  want  of  authority  in  State  officers  to  remedy 
an  obvious  wrong,  is  well  known. 

It  may  be  a  matter  of  your  serious  consideration  whether 
with  our  large  and  rapidly  growing  railway  interests,  the 
time  has  not  arrived  when  a  Board  of  Railway  Commission- 
ers should  be  appointed  under  State  authority,  whose  duties 
would  embrace  among  others,  the  prompt  settlement  of  just 
such  vexatious  questions  as  that  under  consideration. 

When  it  is  remembered  that  a  number  of  persons,  equal 
to  one-half  the  population  of  the  United  States,  travel  upon 
our  railways  each  year,  and  that  although  the  general  safety 
of  their  management  has  no  equal,  probably,  in  the  country, 
yet  of  employees  and  careless  persons  walking  on  tracks, 
hundreds  are  killed  annually — the  saving  of  life  alone  which 
would  ensue  from  the  enforcement  of  intelligent  and  system- 
atic regulations  would  reem  to  warrant  the  induction  of  a 
system  now  healthfully  enforced  in  many  other  States. 

If  to  this  consideration  be  supplemented  the  greater  safety 
given  to  travelers,  by  constraining  the  use  of  additional  and 
well  tested  safeguards  to  life  and  property — of  which  some 
exist  and  are  not  universally  used — because  of  the  cost — not 
only  the  humanity  of  such  a  law  seems  plain,  but  the  duty 
of  its  enforcement  becomes  almost  imperative. 

To  an  intelligent  Board  of  Railway  Commissioners  might 
be  properly  confided  the  adjustment  of  many  serious  ques- 
tions now  vexing  our  courts  of  law — almost  wholly  of  a 
practical  murder — and  without  the  domain  of  ordinary 
legal  knowledge.  Of  this  class  may  be  mentioned,  rights  of 
way,  lands  damages,  injury  to  persons  and  property,  con- 
struction of  business  contracts  between  railway  companies, 
and  between  them  and  citizens. 

Believing,  as  I  do,  that  such  a  board  would  under  proper 
legal  restrictions  as  well  as  powers,  really  be  a  benefit  to  the 
corporations  as  well  as  an  advantage  to  our  citizens,  I  com- 
mend the  subject  to  your  consideration. 


236 


FEDEKAL      AFFAIRS. 

So  intimately  interwoven  have  become  the  interests  of 
government,  State  and  Federal,  that  it  is  scarcely  possible 
to  consider  the  welfare  of  the  one,  without  regarding  the 
conduct  of  the  other. 

Within  the  past  week  incontrovertible  evidence  has  been 
furnished,  to  a  committee  of  United  States  Senators,  by 
witnesses  of  the  highest  reputation  and  position,  showing 
that  State  Legislators  are  originally  nominated,  and  after- 
wards elected,  under  the  dictation  of  Federal  office-holders  ; 
and  a  great  neighboring  State  presents,  to-day,  the  humili- 
ating spectacle  of  having  the  chief  officer  of  its  most  popu- 
lar branch  of  the  State  government,  put  in  place  by  the 
powrer,  and  sustained  in  position  by  the  patronage  of  the 
Federal  government. 

With  such  facts  fresh  to  common  knowledge,  it  would  be 
singular  if  State  executives  did  not  endeavor,  at  least,  to 
warn  their  people  of  dangers  already  upon  them.  For 
reasons  springing  from  just  such  acts  as  related,  or  herein- 
after stated,  1  have  deemed  it  appropriate  to  call  your  atten- 
tion to  such  actual  or  contemplated  Federal  action  as  in 
principal  or  practice  affect  our  people. 

From  the  beginning  of  the  war,  there  has  been  a  manifest 
tendency  of  Federal  authority  to  trespass  upon  the  clear 
and  indisputable  rights  of  the  States.  During  the  war, 
much  that  was  questionable,  at  least,  was  lost  to  severe 
criticism,  because  of  the  presence  of  a  common  danger,  and 
for  other  patriotic  considerations.  It  is  not  singular,  perhaps, 
that  no  inconsiderable  portion  of  the  legislation  touching 
the  interest  of  the  Southern  States,  should,  at  the  outset, 
have  been  based  upon  the  theory  of  the  doubtful  fidelity  of 
their  citizens. 

But  it  is  foreign  to  sound  statesmanship  that,  at  this  com- 
paratively late  dajr,  the  crude,  unjust  and  altogether  narrow 
and  illiberal  policy,  born  of  the  excitement  and  passion  of 
war,  should  be  attempted  to  be  wrought  out  in  what  should 
be,  and  could  be,  an  era  of  peace  and  reconciliation. 


237 

The  fruits  of  such  an  unwise  and  anti-republican  policy 
are  not  visited,  however,  upon  the  seceding  States  alone. 
No  more  significant  evidence  of  the  perniciousness  of  the 
whole  system  of  Federal  interference  with  the  local  affair* 
of  the  Southern  States  can  be  had,  than  that  furnished  by 
the  recent  action  of  Federal  officers  in  the  State  of  Illinois. 

When  a  great  calamity  had  visited  its  chief  city,  and  pro- 
tection to  life  and  property  was  no  doubt  needed — instead 
of  obtaining  the  request  or  concurrence  of  State  authority  to 
assist  in  a  protection  which  would  have  been  commended 
by  all  good  citizens,  the  Federal  general,  commanding  that 
department,  assumed  the  control  of  mere  police  powers — 
enlisting  persons  liable  to  State  authority  and  duty,  to  per- 
form a  service  under  Federal  military  authority,  and  that 
against  the  urgent  remonstrance  of  the  Governor  of  Illinois, 
himself  of  tried  and  distinguished  patriotism,  and  of  political 
sympathy  and  associations  with  the  great  party  in  power. 

For  this  flagrant  assumption  of  power,  twice  repeated, 
and  after  urgent  protests  made  to  the  President  of  the 
United  States,  and  when  the  Legislature  of  the  State  had 
provided  ample  protection  to  Chicago,  there  seems  to  be  no 
excuse.  It  will  be  known  in  history  as  power  ignorantly  or 
wantonly  assumed  and  defiantly  continued. 

The  questions  involved  in  this  action  are  of  vital  interest, 
and  by  no  means  cease  in  their  effect  upon  the  people  of 
Illinois.  They  are  of  direct  and  special  interest  to  us.  They 
involve  the  decision  of  a  great  principle,  for  if  it  be  success- 
fully maintained  that  the  President  of  the  United  States, 
either  on  his  own  volition,  or  at  the  instigation  of  an  ambi- 
tious or  ignorant  army  official,  may  order  troops  to  perform 
police  duty  in  Illinois,  then  we  of  New  Jersey,  hold  our 
constitutional  rights,  not  as  heretofore,  sacred  and  inviolable, 
but  at  the  caprice  or  mercy  of  corrupt  or  ambitious  rulers. 

These  may  seem  strong  expressions,  but  they  are  borne 
out  by  facts.  The  purest  and  best  men  of  both  parties  should 
and  do  unite  in  sternly  rebuking  acts  unwise,  illegal  and 
unnecessary. 

Acts  like  the  usurpation  in  Illinois,  the  harsh  and  raerci 


,  238 

less  enforcement  of  the  unwise,  if  not  illegal  and  unneces- 
sary Kn-Klux  law — the  apathy  in  protecting  the  lives  and 
liberties  of  our  citizens  subject  to  foreign  outrage — these, 
and  kindred  acts  and  negligence  upon  the  part  of  Federal 
authority  have  aroused  a  remonstrance  and  demand  that  no 
Republican  rulers  can  pass  unheeded. 

At  no  period  within  many  years,  has  the  situation  of  the 
country  been  more  favorable  to  the  expression  of  honest  and 
non-partisan  conviction,  and  to  labors  of  patriotism,  than 
the  present.  The  country  is  measurably  free  from  domestic 
disturbances,  and  is  at  peace  with  foreign  nations  ;  the  pub- 
lic mind  is  substantially  at  rest  as  to  the  great  issues  which 
the  war  evolved — the  great  parties  of  the  country  have  been 
forced  from  their  ancient  political  moorings — and  once  hotly 
contested  questions  of  principle  or  policy,  have  by  circum- 
stances, been  established  as  inexorable  facts,  and  are  no 
subjects  of  sensible  controversy.  New,  practical  and  para- 
mount questions  have  so  far  engrossed  the  labors  of  patriotic 
men,  that  old  issues  largely  live  in  history  alone.  So  true 
is  this,  that  statesmen  of  widely  divergent  views,  a  few  years 
since,  are  now  found  in  substantial  agreement  upon  the 
policy  and  measure  of  Government  which  are  to  determine 
its  stability  and  prosperity. 

Leading  journalists  and  public  men  of  both  the  great 
parties,  unite  in  seconding  the  public  demand  : — 

That  there  shall,  hereafter,  be  a  strict  subordination  of  the 
Military  to  the  Civil  power. 

That  no  power,  under  any  pretext,  shall  be  lodged  in  the 
President  of  the  United  States,  to  suspend  the  writ  of  habeas 
corpus,  in  time  of  peace. 

That  all  temptation  to  the  abuse  of  Executive  power, 
or  use  of  Federal  patronage  for  furthering  ambitious  designs, 
be  done  away  with,  by  limiting  the  Presidential  tenure  to  a 
single  term. 

That,  conceding  every  necessary  power  to  the  Federal 
Government,  as  an  indispensable  condition  of  the  true  and 
proper  relations  between  the  States  and  the  Federal  Govern- 
ment, no  power  not  expressly  given  to  the  one,  shall  be  a8- 


239 

sumed  or  be  permitted  to  be  exercised  by  the  other — believing 
a  jealous  guardianship  of  these  rights  by  the  States  to  be  the 
true  and  only  protection  from  the  natural  tendency  to  cen- 
tralization of  power,  and  the  subversion  of  Republican  gov- 
ernment. 

That  no  unequal  tariff  laws  lie  made,  by  which  one  branch 
of  industry  is  burthened  to  foster  another  ;  by  which  business 
is  made  capricious  and  fitful,  and  manufacturing  and  indus- 
trial enterprises  are  compelled  to  pay  a  debasing  tribute  to 
corrupt  men  at  Washington. 

That  all  laws  shall  be  framed  with  a  view  to  the  full  and 
equitable  rights  of  labor,  between  which  and  capital  no  seri- 
ous antagonism  should  or  need  exist,  the  necessitv  of  labor 
to  create  and  utilize  capital  being  acknowledged  on  the  one 
hand,  and  the  value  and  beneficence  of  righteously  used 
capital  being  appreciated  on  the  other. 

That  no  further  grants  be  made  of  the  public  land  to  assist 
private  corporations,  and  especially  that  no  legislation  be  had 
that  may  further  increase  the  vast  and  dangerous  power  of 
corporate  bodies — who  make  legislators  at  will,  whose  agents 
tamper  with  judicial  powers,  and  whose  tendency  is  to  invert 
the  order  of  their  being,  becoming  themselves  the  custodians 
of  power,  upon  which  they  should  ever  be  dependent. 

That  inflexible  resistance  should  be  made  to  all  such 
schemes  as  National  Bureaus  of  Education  and  Insurance, 
or  the  purchase  or  operation  of  telegraph  lines  by  the  General 
Government,  as  not  only  being  without  the  true  scope  of 
Federal  authority,  but  contributing,  by  the  creation  of  great 
additional  patronage,  to  dangerously  and  expensively  in- 
crease the  already  vast  powers  of  the  government. 

To  these  opinions,  conspicuously  expressed  by  men  of  all 
degrees  and  varying  political  faith  in  the  past,  may  be 
property  added  their  sincere  purpose  to  faithfully  observe  all 
constitutional  obligations,  whether  of  long  acceptance  or 
recent  origin — to  defend  the  personal  right  of  each  member 
of  society  to  life,  religious  and  political  liberty,  and  to  prop- 
erty without  distinction  of  creed,  race,  or  color — and,  as  a 


240 

corrollary  to  this  purpose,  they  demand  amnesty,  full  and 
complete,  for  all  past  political  offences. 

With  corruption,  Federal,  State,  or  Municipal,  they  pro- 
pose to  deal  mercilessly  ;  for  such  bestowal  of  public  offices, 
as  provide  for  favorites  and  relatives  of  officials,  regardless 
of  fitness,  their  censure  is  that  of  a  people  who  keenly  feel 
the  dishonor  put  upon  them. 

That  a  large  majority  of  the  people  of  the  country  hold 
substantially  to  these  and  kindred  views,  there  is  no  room 
for  reasonable  doubt. 

If  blind  adherence  to  mere  party  prejudice  be  mistaken  for 
adhesion  to  political  principle,  then  will  our  people  omit  to 
manifest  their  right  and  power,  demonstrating  ours  as  the 
age  in  which  public  virtue  proved  itself  unequal  to  its  trans- 
mitted duties. 

THEODORE  F.  RANDOLPH, 

Governor. 


L,  E  T  T 


OF 


GOVERNOR  RANDOLPH 


TO 


HON.  CORTLANDT  PARKER. 

OCTOBER  26,  1871. 


31 


LETTER. 


EXECUTIVE  DKPARTMENT,     ) 
TRENTON,  October  26,  1871.  ) 

HON.    CORTLANDT    PARKER  : 

SIR  : — During  the  recent  session  of  the  Legislature,  among 
other  bills  passed  by  that  body  was  one  entitled  "  An  act 
to  incorporate  the  German  Valley  Railway  Company." 
The  official  record  shows  that  it  passed  the  House  of 
Assembly  on  the  29th  day  of  March,  1871,  and  the  Senate 
all  of  its  readings — on  the  next  day,  March  30th,  1871. 

It  is  claimed  by  the  friends  of  the  bill  that  it  was  de- 
livered to  me  in  person  on  the  evening  of  March  30th— 
practically,  Friday,  March  31st,  as  the  part  day  of  delivery 
is  never  considered. 

If  this  statement  be  correct,  then  a  most  unusual  proceed- 
ing was  resorted  to,  inasmuch  as  the  invariable  custom  has 
been  to  present  passed  bills  to  the  Private  Secretary  of  the 
Governor,  whose  duty  it  is  to  register  them  as  to  their  num- 
ber, title,  time  of  receipt,  and  final  disposition. 

It  is  possible  such  delivery  was  made  to  me,  and  in  the 
usual  manner  described,  and  if  so,  we  may  account  for  my 
official  register  naming  Tuesday,  April  4th,  instead  of 
Friday,  March  31st,  as  the  day  of  receipt — the  intervening 
time  being  the  usual  recess  of  the  Legislature,  within  which, 
from  its  irregular  mode  of  delivery,  the  bill  may  have  laid 
among  the  great  accumulation  of  papers  ever  consequent 
upon  the  closing  hours  of  legislation. 

However  this  may  be,  and  whatever  may  have  been  the 


244 

exact  period  of  the  delivery  of  the  bill  to  me,  whether  Fri- 
day, the  31st  of  March,  or  Tuesday,  the  4th  of  April,  I 
classed  it  as  among  those  bills  subject  to  my  constitutional 
right  of  approval,  veto,  or  defeat  by  inaction. 

It  will  be  recollected  the  Legislature  did  adjourn,  sine  die, 
at  noon,  on  the  6th  of  April. 

So  great  was  the  labor  of  considering  the  important  bills 
placed  in  my  hands  during  the  five  closing  days  of  legisla- 
tion that  I  resolved  to  economize  my  time  by  approving 
such  as  I  pioperly  could,  retaining  without  veto  the  re- 
mainder. 

My  habit  has  been,  and  until  now  without  discussion,  to 
consider  the  five  days  allowed  the  Executive  by  the  consti- 
tution ("  Sundays  excepted,")  as  five  days  within  each  of 
which  the  Legislature  should  be  in  session.  When  it  chose 
to  intermit  its  sitting,  thus  rendering  it  impossible  for  the 
Executive  to  communicate  with  it,  I  have  deemed  the  time 
thus  vacated  by  its  own  act  as  not  within  the  days  contem- 
plated by  the  constitution.  I  believe  this  view  has  been 
usually  held  by  my  predecessors  in  office. 

Before  proceeding  to  other  matters,  it  may  not  be  inop- 
portune to  give  my  opinion  of  the  character  of  the  bill  in 
question. 

Under  the  pretext  of  a  charter  for  a  short  local  railroad, 
in  a  rural  and  somewhat  isolated  district  of  the  State,  hav- 
ing as  incorporators  residents  of  this  district,  who  were 
totally  ignorant  of  the  use  their  good  names  and  reputation 
were  being  put  to,  the  title  of  the  bill  being  an  old  and 
familiar  one,  implying  the  consideration  of  a  long-sought  for 
local  demand ;  the  body  of  the  bill  filled  with  provisions, 
applicable  to  local  charters — and  though  generally  reading 
as  local  bills  do — yet  filled  with  ingenious  sentences  and  in- 
terpolations that,  strictly  construed,  gave,  under  this  single 
charter  all  the  necessary  and  lacking  powers  for  the  com- 
pletion of  a  road  between  the  cities  of  New  York  and  Phila- 
delphia ;  for  the  charging  of  most  exhorbitant  rates  of 
transportation  ;  for  the  condemnation  of  lands  over  a  large 
extent  of  territory  ;  for  the  bridging  of  any  and  every 


245 

stream  it  chose  to,  without  restriction  to  the  con- 
venience of  commerce  ;  for  the  consolidation  of  all  its 
property  and  privileges  with  those  of  any  other  corpora- 
tion in  or  out  of  the  State;  for  the  absorption  of  the  rights, 
property,  privileges  of  any  other  corporation  within  itself; 
and  finally,  for  the  indefinite  extension  of  its  capital  to 
such  an  amount  as  might  be  necessary  to  cover  the  sum  it 
chose  in  any  way  to  expend.  With  these  powers  the  bill 
came  to  me  for  action. 

I  doubt  if  the  seventeenth  section  of  the  German  Valley 
bill  has  its  superior  in  comprehensive  grasp  and  ingenuity 
within  the  history  of  our  State  legislation.  And  so  the 
whole  bill  seemed  to  me  at  first  reading,  without  a  sugges- 
tion by  any  one,  for  or  against  the  bill,  and  time  but  enforces 
my  first  conviction. 

To  a  fair  and  openly  obtained  bill  for  a  railway  line  from 
New  York  to  Philadelphia,  I  should  have  unhesitatingly 
given  my  official  sanction,  but  I  could  not  lend  myself  to  a 
transaction  that  would  not,  in  my  judgment,  recieve  the 
approval  of  honorable  men. 

This  brief  sketch  of  the  German  Valley  bill,  of  the  prac- 
tice of  the  Executive  Department  ot  this  State,  and  of  my 
opinion  of  the  bill  itself,  I  deem  desirable  to  your  full  un- 
derstanding of  the  views  hereinafter  expressed. 

Persons  interested  in  the  privileges  of  the  German  Valley 
bill,  failing  to  obtain  my  official  sanction  to  its  provisions, 
have  instituted  a  suit  in  the  Court  of  Chancery  of  this  State 
— "  Thompson  vs.  German  Valley  Railway  Company  " — the 
whole  object  of  which  is  manifestly  to  test  the  validity  ot 
the  Executive  action. 

I  have  been  twice  subpoenaed  by  a  Master  in  Chancery  to 
appear  as  a  witness  and  give  evidence  in  the  suit,  bringing 
with  me  the  "  original  engrossed  copy  of  the  German  Valley- 
bill,"  &c.  To  both  of  these  documents  I  replied  that  as  their 
terms  indicated  a  purpose  to  inquire  into  the  Executive 
action,  J  declined  to  obey  them. 

The  Chancellor,  to  whose  attention  these  documents  and 
my  non-attendance  has  been  called,  has  caused  to  be  served 


246 

upon  me,  as  a  citizen,  a  summons,  directing  me  to  show  rea- 
son why  I  should  not  appear  and  testify,  bringing  the  official 
papers  referred  to. 

This  act  of  the  Court  of  Chancery  presumes,  therefore,  to 
define  when  the  Executive  prerogative  ceases,  and  the  liabil- 
ity of  the  citizen  begins. 

Now,  without  desiring  that  my  official  action  shall  be 
considered — even  to  the  extent  it  shall  go — as  a  precedent, 
by  which  my  successors  in  office  shall  be  hound,  I  desire 
you  to  appear  before  the  Chancellor  on  Tuesday  next,  at 
Trenton,  and  after  stating  to  him  that  as  a  matter  of  courtesy 
and  respect  from  a  co-ordinate  branch  of  the  government  to 
that  branch  of  which  he  is  a  member,  you  appear  to  make 
certain  statements  to  him,  and  to  request  that  their  sub- 
stance, at  least,  be  entered  upon  the  records  of  his  court. 

Added  to  those  statements  which  your  legal  learning  will 
place  before  the  Chancellor,  you  will  please  state,  from  me  : — 

That  all  my  knowledge  in  the  case  in  controversy,  and  all 
my  possession  of  papers  desired,  is  absolutely  official  in 
character,  and  comes  from  my  position  as  Chief  Magistrate 
of  the  State. 

That,  as  heretofore  stated  to  him,  under  an  official  note  of 
October  16th,  1871,  I  deny  the  authority  of  the  Court  of 
Chancery  to  compel  my  attendance  before  it,  to  answer  for 
any  official  act  of  mine. 

That  the  Executive  Department  of  the  Government,  being 
alone  the  department  whose  functions  are  never  to  be  inter- 
mitted, and,  therefore,  unlike,  in  character,  the  functions  of 
both  the  judicial  and  legislative  branches  of  government,  it 
follows  that  no  authority  (save  through  charges  of  impeach- 
ment) can  suspend  the  Executive  functions;  and,  if  this  be 
true,  preliminary  steps  by  judical  summons  are,  at  least, 
useless. 

That  the  Legislature  is  the  constitutionally  authorized 
authority  to  obtain  answer  from  me  for  my  official  action  or 
inaction,  and  that  no  warrant  is  to  be  found  in  the  organic- 
law  for  the  interference  of  the  Judicial  Department  of  the 
Government  with  that  of  the  Executive  ;  and  that,  whilst 


247 

paying  the  highest  respect,  as  a  citizen,  to  the  Judicial  De- 
partment of  the  State,  and  desiring  to  obey,  as  a  citizen,  all 
its  summons,  I  cannot  and  will  not  consent  to  any  improper 
interference,  from  any  quarter,  with  the  Executive  office,  its 
duties,  dignities,  or  prerogatives;  and  that,  as  the  only 
member  of  the  Executive  branch  of  the  Government,  I  am 
constrained,  especially  in  the  absence  of  precedents  in  this 
Commonwealth,  to  be  the  sole  judge  of  what  the  duties  of 
my  office  are,  and  of  what  may  constitute  a  trespass  upon 
the  authority  and  privileges  of  this  co-ordinate  branch  of 
the  State  Government. 

That  aside  from  the  authority  wanting  within  the  Judicial 
Department  to  interfere  with  the  incomplete  duties  of  the 
other  departments  of  government,  it  will  be  observed  : 

That  no  plea  of  necessity  can  be  entered  to  warrant  the 
act,  for  if  the  Executive  of  the  State,  in  disregard  to  his 
obligations,  attempts  to  defeat  the  expressed  will  of  the  Le- 
gislature, or  attempts  to  deprive  a  citizen  or  corporation  of 
its  rights,  by  neither  signing  a  bill  nor  returning  it,  with  his 
objections,  within  the  five  days  constitutionally  allowed  him, 
then  the  Legislative  Department,  being  in  session,  has  a  full 
and  complete  remedy  against  the  Executive  wrong,  by 
simply  ordering  an  engrossed  copy  of  the  bill  filed  in  the 
State  Department,  when  it  becomes  law. 

If  it  be  said  that  the  Legislature,  by  a  final  adjournment, 
may  be  unable  to  thus  complete  its  work,  I  answer  this  can- 
not be  so,  for  if  it  do  adjourn  prior  to  the  expiration  of  the 
five  days,  there  is  no  question  on  any  side,  but  the  fate  of 
the  bill  rests  solely  with  the  Executive  ;  a'ld  if  it  do  not  ad- 
journ prior  to  the  expiration  of  the  five  days,  the  Legislature 
is  certainly  competent  to  finish  its  own  work  in  the  manner 
I  have  indicated — ?'.  e.,  by  ordering  a  copy  of  the  bill  over- 
held,  filed  in  the  State  Department. 

The  cause  of  the  omission  of  the  Legislature  to  avail  itself 
of  its  right  to  order  a  bill  filed  in  the  State  Department — 
should  it  omit  so  to  do — can  never  be  legally  known  to  the 
courts ;  and  whether  it  be  from  purpose  or  neglect,  the  re- 
sult is  equally  fatal. 


248 

Under  this  view  of  the  case,  action  upon  the  bill  in  any 
form,  by  the  Chancellor,  would,  it  seems  to  me,  extend  the 
exercise  of  his  equity  powers  to  Legislative  omissions,  as 
well  as  Executive  inaction,  and  would  perhaps  render  the 
judicial  functions  of  that  court  somewhat  more  ramii\  ing 
than  we  have  heretofore  supposed  them  to  be. 

The  reasons  I  have  assigned  for  declining  to  recognize  the 
authority  of  the  Judicial  Department  over  the  Executive 
action,  are  so  conclusive  with  me  that  I  should  be  content 
to  rest  the  case  here. 

But  the  mere  attempt  to  exercise  the  power  of  one  branch 
of  the  government  against  the  other,  seems  to  me  both 
unfortunate  and  dangerous,  and  with  a  view  of  having  the 
whole  question  promptly  decided  by  our  highest  legal 
tribunal,  I  have  deemed  it  advisable,  for  the  public  good,  to 
take  this  course — to  place  the  engrossed  copy  of  the  German 
Valley  bill  in  the  office  of  Librarian  of  this  State — where 
incomplete  bills  have  in  many  instances  been  deposited  by 
the  Legislative  Department,  although  not  uniformly.—- 
Within  this  office  the  bill  will  be  subject  to  the  Chancellors 
order  and  my  own  alone. 

The  responsibility  of  its  use,  after  the  official  statements  I 
have  made  directly,  and  through  you,  to  the  Chancellor, 
will  hereafter  rest  solely  upon  him. 

If  he  remains  of  the  opinion  that  the  paper  is  a  proper  one 
to  be  considered  by  his  court,  his  order  will  now  obtain  it 
from  the  Librarian.  If  used  in  such  a  manner  as  to  here- 
after permit  the  consideration  of  the  subject  by  the  Court  of 
Errors,  I  shall  consider  it  my  duty  to  employ  counsel  for  this 
department  to  contest  the  constitutionality  of  its  use. 

Respectfully, 

THEODORE  F.  RANDOLPH, 

Governor. 


Thanksgiving  Proclamation, 

1869. 


PROCLAMATION. 


To  acknowledge  the  goodness  of  Almighty  God,  and  ren- 
der to  Him  the  sincere  homage  of  grateful  hearts,  is  the 
duty  of  a  Christian  community,  and  upon  no  people  does 
this  obligation  rest  more  fully  than  upon  this  Common- 
wealth. 

Recognizing  this  obligation,  and  conforming  to  a  time- 
honored  and  revered  custom  of  the  people  of  this  State,  I 
earnestly  recommend  to  my  fellow  citizens  that 

Thursday,  the  Eighteenth  day  of  November  next, 

be  observed  in  the  State  of  New  Jerse}'  as  a  day  of  Thanks- 
giving and  prayer;  and  that,  abstaining  from  our  usual 
avocations,  we  gather  in  Divine  Worship  on  that  day,  ren- 
dering unto  God  our  grateful  tribute  for  His  immeasurable 
mercies  and  blessings  to  us  as  a  people. 

Given  at  the  Executive  Chamber,  in  the  city  of  Trenton, 
this  twenty-eighth  day  of  October,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-nine,  and 
[L.  s.j  of  the  Independence  of  the  United  States  the  ninety- 
fourth. 

THEO.  Y.  RANDOLPH. 
Attest : 

SAMUEL  C.  BROWN,  Private  Secretary. 


Thanksgiving  Proclamation, 


1870. 


PROCLAMATION. 


In  the  year  drawing  to  a  close  the  people  of  New  Jersey 
have  been  blessed  with  Peace,  Health  and  Prosperity.  We 
owe  these  favors,  and  all  others  to  the  goodness  of  Almighty 
God. 

With  a  view  ot  manifesting  onr  gratitude  and  of  gather- 
ing in  common  worship  all  classes  and  conditions  of  the 
inhabitants  of  this  Commonwealth,  irrespective  of  sectarian, 
political,  or  other  differences,  I,  THEODORE  F.  RANDOLPH, 
Governor  of  the  State  of  New  Jersey,  do  hereby  appoint 

Thursday,  the  Twenty-fourth  day  of  November, 

As  a  day  of  Thanksgiving  and  Prayer,  and  recommend  its 
observance  as  such. 

Given  at  the  Executive  Chamber,  in  the  City  of  Tren- 
ton, this  fifteenth  da}T  of  November,  in   the  year  of 
our  Lord  one  thousand  eight  hundred  and  seventy, 
[  L.S.  ]  and   of   the  Independence  of  the   United  States  of 
America  the  ninety-fifth. 

THEODORE  F.  RANDOLPH. 

Attest : 

SAMUEL  C.  BROWN,  Private  Secretary. 


Thanksgiving  Proclamation, 

1*71. 


33 


PROCLAMATION. 


Whilst  great  trials  and  afflictions  have  come  to  the  peo- 
ple of  sister  States,  we  of  this  Commonwealth,  not  more 
deserving  of  the  mercies  of  God  than  they,  have  in  a  pecu- 
liar manner,  been  the  recipients  of  His  Almighty  care  and 
goodness,  during  the  past  year. 

That  we  may,  as  one  people,  laying  aside  all  differences  of 
creed  or  faith,  join  together  in  grateful  acknowledgment  to 
Almighty  God.  for  His  mercies  and  blessings,  I,  THEODORE 
F.  RANDOLPH,  Governor  of  the  State  of  New  Jersey,  do 
hereby  appoint 

Thursday,  the  Thirtieth  day  of  November, 

as  a  day  of  thanksgiving  and  prayer,  recommending  its  ob- 
servance as  such  by  all  our  people. 

Given    at   the    Executive   Chamber,    in    Trenton,    this 

seventh  day  of  November,  in  the  year  of  our  Lord 

[L.  s.  ]  one  thousand  eight  hundred  and  seventy  one,  and  of 

the  Independence  of  the  United  States  of  America,  the 

iiinety-sixtlu 

THEODORE  F.  RANDOLPH. 

Attest : 

SAMUEL  C.  BEOWX,  Private  Secretary. 


PROCLAMATION, 

JULY  12,  1871. 


PROCLAMATION. 


The  Constitution  of  the  State  ot  New  Jersey  enumerates 
among  other  "  Rights  and  Privileges"  that  "the  people 
have  the  right  to  freely  assemble  together."  It  also  pro- 
claims that  u  no  person  shall  be  denied  the  enjoyment  of 
any  civil  right  merely  on  account  of  his  religious  principles." 
It  also  makes  the  Governor  of  the  State  "  Commander-in- 
Chief  of  the  military  and  naval  forces  of  this  State,"  and, 
under  this  oath  of  office,  makes  it  his  duty  "  to  promote  the 
peace  and  prosperity,  and  maintain  the  rights  of  the  State." 

Now,  it  having  come  to  my  knowledge  that  a  body  of 
inhabitants  of  this  State,  in  conformity  to  a  custom  among 
them,  and  in  consonance  with  the  custom  of  other  bodies  or 
societies  of  inhabitants  of  this  State,  propose  to  celebrate 
what  to  them  is  deemed  an  Anniversary  day  ;  and  it  having 
come  to  my  knowledge  that  interference  with  this  contem- 
plated celebration  may  possibly  take  place,  by  reason  of 
which  a  serious  disturbance  of  the  peace  of  the  common- 
wealth would  probably  ensue  ;  now,  therefore,  I,  TIIKOIXHM-: 
F.  RANDOLPH,  Governor  of  the  State  of  New  Jersey,  do 
hereby  proclaim  that  both  the  letter  and  spirit  of  the  Con- 
stitution ot  our  State  of  New  Jersey,  as  well  as  the  long- 
established  custom  of  our  people,  to  permit  and  protect  all 
peaceful  gatherings  of  the  inhabitants  of  this  State,  irre- 
spective of  religious  or  political  creed,  make  it  the  lawful 
RIGHT  of  any  body  of  peaceful  citizens  to  assemble  together ; 
and  that  Right  cannot  be  abridged  or  interfered  with  by  any 
unauthorized  bod}T  of  men,  of  any  nationality,  creed,  or  reli- 
gion, whatever  the  real  or  supposed  provocation  may  seem 
to  be. 

And   I   do,  therefore,  enjoin   upon  all  good,  law-abiding 


264 

and  peaceful  citizens  of  this,  our  State  of  New  Jersey,  to 
assist  in  every  way  in  preserving  the  peace,  good  order,  and 
dignity  of  the  same,  not  only  by  abstinence  from  provoca- 
tion,  but  by  acts  of  toleration,  forbearance  and  true  man- 
liness. 

And  I  hereby  warn  all  persons  from  other  States,  who 
may  seek,  by  acts  of  provocation,  to  interfere  with  the 
peaceful  assembling  of  inhabitants  of  this  State,  that  such 
offence  against  the  peace  and  good  order  of  this  common- 
wealth, will  be  promptly  and  rigorously  punished  by  our 
authority. 

And  I  do  further  enjoin  and  command  all  legally  consti- 
tuted authorities  of  this  State  to  fully  protect  all  peaceful 
assemblages  of  our  inhabitants,  using  every  means  at  their 
command  to  enforce  this  Proclamation,  assuring  all  such 
properly  constituted  authorities  that,  in  the  event  of  the 
insufficiency  of  the  ordinary  local  power,  the  entire  power 
of  the  State,  will,  if  necessary,  be  called  into  exercise,  to 
compel  at  any  cost,  respect  and  obedience  to  our  laws. 

And  I  do  further  enjoin  upon  the  members  of  the  Society 
especially  proposing  to  assemble  together  to-morrow,  the 
exercise  of  the  utmost  patience,  care  and  discretion  in  the 
pursuance  of  their  Rights,  bearing  in  mind  that  to  a  large 
portion  of  our  fellow-citizens  the  peculiar  occasion  of  their 
gathering  is  deemed  an  unnecessary  revival  of  an  ancient 
political  and  religious  feud,  of  no  general  interest  to  the 
great  body  of  our  American  citizens  ;  and  that  though  they 
are  sustained  in  their  right  to  peacefully  assemble  together, 
they  are  by  no  means  sustained,  as  I  firmly  believe,  by  any 
large  number  of  sincerely  patriotic  and  Christian  people  in 
the  expediency  of  that  right  at  this  time. 

Given  at  the  Executive  Chamber,  in  the  City  of  Trenton, 
this  Eleventh  day  of  July,  in  the  ye.ir  of  our  Lord,  one 
thousand  eight  hundred  and  seventy-one,  and  of  the  Inde- 
pendence of  the  United  States  of  America  the  ninety-sixth. 

THEODORE  F.  RANDOLPH. 

Attest : 

SAMUEL  C.  BROWN,  Private  Secretary. 


PROCLAMATION, 

CHICAGO  RELIEF. 


PROCLAMATION. 


EXECUTIVE  DEPARTMENT,  ) 

TRENTON,  October  10th,  1871.  ) 

To  the  People  of  New  Jersey: 

The  great  city  of  Chicago  has  been  visited  by  a  calamity 
unparalleled  in  modern  times,  aside  from  the  loss  of  property 
that  will  bring  ruin  to  thousands  of  families.  The  imme- 
diate personal  suffering  of  homeless  and  distressed  men  and 
helpless  women  and  children  calls  for  the  most  prompt  and 
liberal  aid  from  humane  persons  in  the  land  to  give  immedi- 
ate direction  to  the  generous  purposes  of  the  people  of  New 
Jersey.  I  urge  upon  all  local  authorities  in  cities  through 
constituted  committees  and  the  clergy  of  all  denominations; 
in  towns  through  the  town  committees  aided  by  resident 
benevolent  citizens  ;  and  in  the  rural  districts  by  local  organi- 
zations, and  the  most  prompt  gathering  of  our  people  and 
the  speedy  contribution  of  money  and  clothing  for  the  relief 
of  the  suffering.  Almost  every  household  has  clothing  that 
can  be  spared,  and  the  contribution  of  it  cannot  be  too  quick 
nor  too  abundant.  Almost  every  inhabitant,  rich  or  poor, 
of  our  prosperous  State  can  give  for  such  a  purpose.  It  is 
both  the  duty  and  a  privilege  so  to  do.  As  Jersey  City  and 
Camden  are  convenient  points  to  every  portion  of  the  State, 
to  which  contributions  of  every  kind  may  be  quickly  sent, 
and  from  which  they  may  be  forwarded  to  Chicago  without 
delay,  I  suggest  that  all  such  donations  of  money  and  cloth- 
ing be  addressed  to  the  Mayors  of  those  cities,  who  will  at 
the  proper  time  make  a  public  and  detailed  acknowlcdg- 


268 

ment  of  all  their  receipts.  I  will  also  appoint  in  behalf  of 
the  State  such  assistance  to  these  officers  as  they  may  require, 
and  I  will  personally  attend  to  and  insure  the  safe  and 
prompt  transmission  of  all  contributions  the  charity  of  our 
people  may  place  at  our  disposal.  A  population  larger  than 
our  city  of  Newark  contains,  is  without  food,  raiment  or 
shelter,  wearied  in  body  to  the  last  degree,  distressed  in 
mind  beyond  expression,  and  houseless  and  homeless  upon 
the  verge  of  winter.  Whilst  the  Almighty  has  seen  fit  to 
permit  this  desolation,  let  us  by  large  gifts  of  that  which 
He  has  bestowed  upon  us,  show  our  gratitude  for  our  pros- 
perity for  all  his  mercies. 

THEODOEE  F.  RANDOLPH. 

Governor  of  New  Jersey. 


PROCLAMATION", 

BEIBERY  AT  ELECTIONS. 


PROCLAMATION. 


STATE  OF  NEW  JERSEY,  ) 
EXECUTIVE  DEPARTMENT,        j 

WHEREAS,  the  Legislature  of  the  State  of  New  Jersey, 
did  at  the  last  session  pass  a  law,  entitled  '•  An  Act  relative 
to  Bribery,"  a  copy  of  which  is  made  a  part  of  this  Procla- 
mation. 

Now,  therefore,  I,  THEODORE  F.  RANDOLPH,  Governor  of 
the  State  of  New  Jersey,  do  hereby  enjoin  upon  all  chief 
judicial  officers  of  this  State,  upon  all  lucal  magistrates, 
upon  sheriffs  and  their  deputies,  upon  police  officers  and 
constables,  and  upon  all  officers  of  the  State  who  have  espe- 
cially ta^en  upon  themselves  the  oath  to  bear  true  faith  and 
allegiance  to  the  government,  to  see  that,  to  the  best  of  their 
ability,  the  provisions  of  this  law  be  tully  and  faithfully 
executed. 

And  I  do  further  enjoin  upon  the  State  Attorneys  for  the 
several  counties  of  this  State  the  prompt  and  vigorous 
prosecution,  without  fear  or  favor,  of  all  persons  or  corpo- 
rations who  may  in  any  degree  render  themselves  liable  to 
the  penalties  of  the  law  against  Bribery  and  Elections. 

And  I  do  further  enjoin  upon  all  good  citizens  of  this 
State  the  execution  of  this  law,  as  far  as  in  their  power  lies, 
by  rendering  information  to  magistrates  and  to  Grand  Ju- 
ries, that  will  serve  to  cause  the  arrest  and  conviction  of  any 
officer  or  corporation,  or  other  person  or  persons,  who  may, 
directly  or  indirectly,  bribe  or  attempt  to  bribe,  or  give 
means  to  bribe,  any  voter  of  this  State,  or  who  may  be 
guilty  of  receiving  a  bribe  from  any  person  or  corporation 
by  which  a  vote  shall  be  influenced. 


272 

And  I  do  hereby  offer  a  reward  of  ONE  HUNDRED 
DOLLARS  for  the  arrest  and  conviction  of  any  and  every 
person  who  may  be  found  violating  the  provisions  of  said 
law  at  the  coming  election  in  this  State — said  rewards  to  be 
paid  until  the  total  amount  expended  for  this  purpose  shall 
reach  the  sum  of  FIVE  THOUSAND  DOLLARS. 

The  affidavits  of  persons  upon  which  the  arrests  and  con- 
victions shall  be  had,  determining  the  claimants  of  reward, 
and  the  priority  ot  convictions,  to  determine  to  whom 
within  the  aggregate  amount  the  rewards  shall  be  paid. 

Given  under  my  hand  and  seal  at  Trenton,  this  seven- 
teenth day  of  October,  eighteen  hunded  and  seventy- 
[  L.  8.  ]  one. 

THEODORE  F.  RANDOLPH. 
Attest : 

ARTHUR  E.  BROWN,  Acting  Private  Secretary. 


. 
MFORNIA 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 
This  book  is  DUE  on  the  last  date  stamped  below. 


Form  L9 — 15m-10,'48(B1039)444 


New  Jersey, 


N$17  Governor,  1369- 
1869  1872  (Theodore 

Frelinghuysen 
Randolph)- 
Itess-iges  £nd  official 

nanprer- I  '  '      


J87 

N517 

1369 


